PHOENIX INDUSTRIES LTD. Vs. C.C.E., MEERUT

JUDGEMENT

(1.) The facts in this case are that the asst. Commissioner of Central Excise, Division -II, NOIDA initiated the proceedings against the appellants on the grounds that they imported 'Mid Sole Sheets' through the Air Cargo Units, Customs House, New Delhi vide Bill of Entry No. 208312. The date of this Bill of Entry is stated to be 30.1.95. It is alleged that they availed the modvat credit amounting to Rs.55,194/ - on the strength of this Bill of Entry after expiry of six months in violation of the provisions of sub -rule (5) of Rule 57G of Central Excise Rules, 1944. Accordingly, vide his Order dt. 26.9.97, the Asst. Commissioner has denied them the credit of the aforesaid amount under Rule 57 -I.

(2.) The party filed an appeal but the Commissioner (Appeals), Ghaziabad vide his Order dt. 23.8.99, dismissed the appeal of the party upholding the above order the original authority.

(3.) The present appeal is against the above order of Commissioner (Appeals). I have heard Shri. S.D. Gaur, Consultant for the appellants and Shri. S.C. Pushkarna, JDR for the respondents. The Commissioner (Appeals) in his order has appended the following chart of events: