LAWS(CE)-2000-11-263

PUNJAB CONCAST STEELS Vs. COMMISSIONER OF C. EX.

Decided On November 28, 2000
PUNJAB CONCAST STEELS Appellant
V/S
COMMISSIONER OF C. EX. Respondents

JUDGEMENT

(1.) THE brief facts of this case are that the appellants availed Modvat credit totally amounting to Rs. 3,08,300.30 during the period from 5 -9 -94 to 22 -10 -94 on the strength of the invoices issued by the dealer - M/s. R.N. Enterprises, Bombay.

(2.) The Central Excise authorities at Ludhiana on verification from Central Excise authorities in Bombay found certain irregularities in passing on the Modvat credit by the dealer - M/s. R.N. Enterprises, Bombay to the appellants. The jurisdictional Range Superintendent asked the appellants to reverse the Modvat credit. The appellants reversed the Modvat credit of the aforestated amount in their RG 23A Part -II on 20 -6 -95. They however, filed a refund claim of this amount on 11 -11 -98 with the Asst. Commissioner of Central Excise, Division II, Ludhiana under Section 11B of the Central Excise Act, 1944. This claim of the appellant has been rejected by the Asst. Commissioner vide his Order -in -Original dated 8 -7 -99. The appeal of the party against this order has been rejected by Commissioner (Appeals), Chandigarh vide his order dated 19 -5 -2000 giving rise to the present appeal.

(3.) CONSEQUENTLY , the appeal fails and the same is rejected.