9911796707
TMI Blog2007 (6) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent. [Order]. - Being aggrieved with the order passed by the Commissioner (Appeals), Revenue has preferred the present appeal. I have heard Shri Samir Chitkara, learned SDR appearing on behalf of the Revenue and Ms. Shilpa Dave, learned Advocate appearing on behalf of the respondent. 2. As a result of physical verification of the stock of M.S. scrap conducted by the visiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of approximate weight. Statements of production in-charge as also excise clerk were also recorded. 3. On the above basis, proceedings were initiated by way of issuance of show cause notice dated 7-1-2005 proposing denying the Modvat credit of Rs. 5,60,000/- in respect of shortages found Modvat input. The said proceedings resulted in confirmation of demand and interest as also imposition of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent and reflected in RG 12 return and it can not be said that there was any shortage. He, accordingly, allowed the appeal. 5. After hearing both the sides, I find that apart from the fact that Commissioner (Appeals) has given detailed finding, which is based upon the maintenance of statutory record by the respondent, I find that there is no evidence on record corroborating the Revenue's sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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