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2018 (8) TMI 1875 - HC - Central ExciseClandestine removal - inputs on which the assessee had availed Modvat credit - HELD THAT:- Modvat credit demand is based on the difference between the consumption of aluminum wire rods calculated by the departmental officers based on the approximate mass per kilometer (Km.) of various types of aluminum alloys standard conductors given in the ISI standard and the consumption of aluminum wire rod as recorded by the assessee company in its Central Excise records. For estimating the actual consumption of the aluminum wire rods, the departmental officers have calculated the weight of the aluminum conductors manufactured by the assessee during each financial year based on the approximate mass in per Kms. given in the Table 2 of ISI standard IS 398/1994 for the conductors of various diameters. Merely on the basis of the approximate weight of wire in terms of Kg. per Km. for different types of aluminum conductors given in the ISI standard, the allegation of clandestine removal of Modvat credit availed aluminum wire rods could not be made - Learned Counsel for the appellant revenue has not been able to point out any error or illegality in the findings recorded by the Tribunal, warranting interference by this Court. Appeal dismissed.
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