RAYMOND LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) THE appeal is directed against Order -in -Appeal No. GWL/580/2004, dated August 30, 2004 passed by the Commissioner of Central Excise (Appeals), Gwalior. Vide the impugned order/ the learned lower appellate authority has upheld the confirmation of demand pertaining to ineligible Modvat credit availed of by the appellant, M/s. Raymond Ltd., for a sum of Rs. 18,64,776 for the period April, 1995 to August, 1996. He has further upheld the imposition of penalty on the appellant under rules 571(4) and 173Q of the Central Excise Rules, 1944. He has also upheld the demand towards interest under rule 57 -I(5) of the said Central Excise Rules. Aggrieved of the same, the appellant is before me.

(2.) THE facts relevant to the case briefly are as follows:

(3.) THE learned superintendent (authorised representative) appearing for the Revenue on the other hand submits that the appellant had not led any evidence before the adjudicating authority or the appellate authority to show that they had not taken any credit on dyes and chemicals used in the processing of fabrics falling under Chapter 55. In fact, the appellant did not reply to the show -cause notice nor appeared for personal hearing before the adjudicating authority. In these circumstances, the conclusion drawn by the lower authorities are correct in law and therefore, he prays for upholding the impugned order.