This rebate was denied on the ground that duty had been short paid by M s. Gopi Synthetics inasmuch as they had availed of 60 deemed Modvat credit whereas they were only entitled to avail credit 50.
Briefly stated the facts are as follows The appellants bought 100 companyton fabrics from one M s. Gopi Synthetics and then exported the said fabrics.
This appeal by the assessee is against an order of the High Court dated 17th July, 2000.
29/96 CE.
dated 3rd September, 1996 on the footing that duty had been paid by the manufacturer i.e. M s. Gopi Synthetics.
The appellants claimed rebate under Notification No.
The Commissioner Appeals waived penalty on the ground that short payment was number by reason of any fraud, companylusion or any wilful mis statement or suppression of facts.
They then appealed against penalty which had been levied on them.
