TMI Blog2000 (8) TMI 809X X X X Extracts X X X X X X X X Extracts X X X X ..... their final product known as corrugated sheet . It is, further, urged that after utilisation of the credit of duty paid on aluminum ingots towards the payment of duty on Corrugated Sheets , the balance credit on aluminium ingots taken by the applicants was utilised by them towards the payment of duty on plain aluminium sheets, blades etc. This was not permissible, according to the allegation of the Department, on the basis of the declaration under Rule 57G and other relevant documents maintained by the applicants herein. Ld. Consultant has submitted that the assumption of the Department in making the aforesaid demand of duty and imposing the aforesaid penalty to the effect that aluminium ingots were intended to be used only in the manufa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld. Consultant, no wrong has been committed by the applicants company herein. Therefore, the entire demand of duty on merits itself falls. Apart from this, he has taken a plea of limitation. 2. We have heard both the sides and considered the submissions, and we find : (a) that on limitation the Collector has found :- Regarding their argument on limitation, I find they suppressed the material fact of accumulation of such excess credit and utilisation of the same towards clearance of the other manufactured products for which the said inputs were not at all brought and utilised as it is evident from their declaration with the intent to evade payment of duty. In such premises the Department will have the liberty to invoke the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been prepared and placed, which shows that a considerable amount of duty has been paid from the PLA. The gross figures for the period from 1989 to April, 1991 indicates the payment of Rs. 1,75,77,111.47 from PLA as against Rs. 3,08,96,753.64 from RG. 23A out of total duty liability of Rs. 4,84,73,886.11. Thus the plea of surplus credit also cannot be accepted, no commercial prudent manufacturer would discharge duty from PLA if credits in RG 23A were available. The very basis of an intent to misuse the credit therefore cannot be determined to exist in the mind of the present appellants. (b) On merits also, it is found that there is no one to one correlation required between the credit availed on the inputs and its utilisation. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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