ORDER
Moheb Ali M., Member (T)
1. This stay application arises out of the order of the Commissioner (Appeals) Nasik. in the impugned order the Commissioner dismissed the appeal before her on the ground of non compliance of her dt. 10.3.04 under the provisions of Section 35 F of Central Excise Act, 1944.
2. Briefly the facts are the lower adjudicating authority confirmed an amount of Rs. 2,40,552/- for contravention of Rule 57G read with Rule 57A and imposed a penalty of Rs. 25,000/- under Rule 173Q of the Central Excise Rules, 1944. The applicant procured inputs on which the Central Excise duty has been paid and took credit on the transporters copy of the invoice issued by the inputs supplier. Subsequently it appeared that the transporters copies of invoices were mis-placed and therefore the applicant had debited the modvat credit taken against those invoices. But took back the credit on 27.3.2000. Tims the applicant was operating the RG 23A Part-II account at his own will without any permission from the department to take back the credit. The Department seeks to deny the credit so taken.
3. The lower appellate authority has dismissed the appeal for non-compliance of the provisions Under Section 35F of the Central Excise Act. The merits of the case were not discussed by her At the stay stage it is not possible to go into various dates of the case The appellants are directed to deposit Rs. 50,000/- towards modvat credit ordered to be reversed as prima facie it appears that the demand made by the original authority is sustainable. The applicant is directed to deposit the said amount within 8 weeks from today and report compliance on 30.12.04.
4. Upon such deposit further deposit of duty and penalty is waived during the currency of the appeal.
5. Compliance (to be reported on 30.12.2004.
(Pronounced in Court)