2001 (11) TMI 877

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..... or the Respondent. [Order]. - This is an appeal filed by the appellant against the decision of the Additional Commissioner of Central Excise, Mumbai-II, made in Order-in-Original dated 22-10-1991. A show cause notice was issued charging the appellant that they had procured electrical resistance wires which is exclusively required and used in the manufacture of electric furnaces. However the app .....

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..... sed, the department cannot state that there has been wilful evasion by the assessee. As against this, Shri R.K. Pardeshi, learned DR, strenuously argued that knowing full well that the final product was electric furnaces and the input was resistance wire, the appellant could not have utilised the same for the fan guards. Therefore he states that there is a mis-utilisation of the Modvat credit. The .....

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