Per P.S. Bajaj : This appeal has been filed by the appellants against the impugned Order-in-Appeal dated 29.12.2000 passed by the Commissioner (appeals) who had affirmed the Order-in-Original dated 13.9.99 of the Deputy Commissioner disallowing the modvat credit of Rs. 5,74,296/- under Rule 57-I of the Rules and imposing penalty of Rs. 1,00,000/- on the appellants.

2. The facts are not much in dispute. The appellants claimed modvat credit of Rs. 5,02,872/- on the strength of bills of entry Nos. 7099 dated 20.4.95 and 135 dated 1.5.95 and the same has been disallowed on the ground that their name had been written by hand after tempering with the name and address of the importer. Similarly, the credit of Rs. 71,424/- availed by the appellants on the basis of invoice No. 9 dated 27.4.95 had been disallowed on the ground that the same was in the name of their head office and not in the name of their manufacturing unit. However, the modvat credit of Rs. 2,30,000/- had been allowed to the appellants. The order of the Deputy Commissioner disallowing the modvat credit of the above referred amount, had been affirmed by the Commissioner (appeals), through the impugned order.

3. The learne