9911796707
TMI Blog2005 (2) TMI 768X X X X Extracts X X X X X X X X Extracts X X X X ..... Heard Shri B. N. Chattopadhyay, Consultant for the appellant company. He submits that they have opted out from the MODVAT Scheme on 1-4-1997. He also submits that in their Finished Goods, they are using 50% of the waste and scrap and 50% of the duty-paid raw materials. In view of this, the Department has confirmed the duty-demand of Rs. 94,387.00 (Rupees ninety-four thousand three hundred and e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o observed that the appellant company had sent 62.2745 MT of semi-processed goods for job-work during January, 1997 to March, 1997 under Challans as per Rule 57F(3) of the erstwhile Central Excise Rules, 1944 without debiting the amount equivalent to the credit of Central Excise duty on the inputs used in the said semi-finished goods. In view of this, he submits that there is a suppression of fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by any documentary evidences. They have failed to adduce any record that they use modvatable inputs on the ratio of 1:1 as a regular practice. As they have accepted the allegation in principle, I cannot but hold that the balance of convenience tilts on the side of the department. The demand of duty amounting to Rs. 94,387.00 on the stock of goods is justified." In view of this, he submits that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of 20.116 MT in the RG-I. Secondly, the appellant have sent 62.2745 MT of semi processed goods for job work during January, 1997 to March, 1997 under Challans as per Rule 57F(3) of the erstwhile Central Excise Rules. There is no evidence produced by the appellant. They have credited the amount equivalent credit of Central Excise duty on the inputs used in the said semi finished goods. In the cir ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
