Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2004 (1) TMI 450

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ent. [Order]. - In this appeal, the appellants have challenged the validity of the impugned order-in-appeal vide which the Commissioner (Appeals) has affirmed the duty demand and the penalty on the appellants. 2. The duty has been affirmed on the appellants on account of detection of shortage of the raw materials/inputs at the time of checking made on 28-2-1998 by the officers of the Cent....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ough the record. The perusal of the record shows that the appellants are engaged in the manufacture of polythene bags, MV parts of plastics and plastic parts of electric fans. They filed Modvat declaration under Rule 57G for availing Modvat credit on the inputs. The perusal of the statutory records maintained by them for the period 1-4-1997 to 19-2-1998 revealed that they purchased modvatable raw ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... for re-verification of the stock. On the raw materials found short, the appellants are legally duty bound to pay the duty for having availed the credit thereon. The impugned order in this regard is perfectly valid. The ratio of law laid down in Sanket Food Products P. Ltd. (supra) is not attracted to the case of the appellants. In that case, the allegation of clandestine removal of gutkha was bas....