JUDGMENT
S.L. Peeran
1. This is a Revenue appeal against Order-in-Original No.16/96 dated 17.9.96 confirming duty demand of Rs.4,22,647/- on clearances of intermediate products which was dutiable and on which no duty has initially been paid. He has invoked the provisions of Rule 9 (1) besides other rules and 173Q and 226 and consequently imposed penalty of Rs.50,000/-. The Commissioner has accepted the assessee’s plea that they are entitled for the benefit of Modvat credit in respect of duty that they are required to pay in terms of several judgments noted by him, more particularly Chamundi Re-rolling Mills [1996 (81) ELT 563], Dalmia Industries ltd. [1996 (84) ELT 60] and the Apex Court judgment rendered in the case of Formica India Divison [1995 (77)ELT 511].
2. The Revenue are aggrieved with the application of these cittions and contend that the judgments are distinguishable and cannot be applied for the reason that appellants had not filed their declaration and had not obtained licence and had cleared the goods without payment of duty. Only on the short ground the order of granting Modvat credit has been challenged. We notice that the respondent has not filed the cross appeal challenging the confirmation of duty and imposition of penalty.
3. We have heard Ld. DR Shri A. Jayachandran and Shri Venkatraman, Ld. Advocate in the matter. Both sides reiterated their position.
4. On a careful consideration, we notice that large number of similar appeals had come for consideration before this bench. The bench did not agree with the Revenue’s contention regarding non grant of Modvat credit solely on the ground that appellants had not filed their declaration under Rule 57G, in view of the Apex Court having rendered the judgment in Formica India Divison (supra) which is conclusive in nature and the ratio applies to the Modvat cases. We do not find any merit in this appeal and hence the same is rejected.
(Pronounced & dictated in open Court)