Customs, Excise and Gold Tribunal - Mumbai
M/S. Nirlon Ltd. vs Commissioner Of Cen. Excise, Mumbai.V on 21 June, 2001
ORDER G.N. Srinivasan, Member (J)
1. The issue involved in this case is whether the appellant has filed Rule 57G declaration giving full particulars of the inputs used in the manufacture of final product. On its failure when the modvat credit has been reversed before the issue of show cause notice, there will be any levy of penalty? The appeal itself was taken up for disposal after waiving pre-deposit and with the consent of both the sides. During the course of the arguments, Id.counsel for the assessee brings to my notice that Rule 57G declaration has been filed (page 17 of the Paper Book) indicating Plastics and Articles thereof Rigid, Plain as packing material. The final product has been mentioned as Nylon Yarn, Crimped yarn etc. It is admitted before me by the id.departmental representative that necessary due particulars have been given and modvat credit has been reversed in respect of credit taken on the inputs which were used in the exempted category of the final products. In view thereof, the show cause notice charged with the assessee for not filing the declaration fails. The imposition of penalty in this case is set aside. The appeal is allowed. In view thereof, they stay petition also stands disposed of.
(Dictated in Court)