BHAWANI CASTINGS LTD Vs. COMMISSIONER OF C. EX.

JUDGEMENT

(1.) STAY matters are posted for hearing. On hearing I felt that the appeals can be disposed of. Accordingly, the matters were taken up for regular hearing.

(2.) IT was submitted by Shri Anand that by impugned order 41 appeals have been disposed of by the Commissioner (Appeals). Out of that 17 appeals which have come before the Tribunal and at the time of hearing stay matter issue involved hearin has already been considered and disposed of as per Order No. A/552 -568/99 -NB (Stay Order No. S/260 -276/99 -NB), dated 30 -6 -1999.

(3.) SHRI Anand submits that in all these cases though the Commissioner (Appeals) has observed that there was nothing wrong in availing Modvat credit and infact the Modvat credit has been accepted by the Commissioner (Appeals) still he upheld the imposition of penalty for wrong availment of Modvat credit in terms of Rule 173Q which is totally wrong. In view of this position, the Tribunal has observed particularly in para 6 of the order as under : -