2008 (6) TMI 447

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..... oka, SDR, for the Respondent. [Order per : T.K. Jayaraman, Member (T)]. - These appeals have been filed against the Orders-in-Appeal No. 74/2006-C.E., dated 19-12-2006 and 35/2005 dated 11-4-2005 passed by the Commissioner of Central Excise, Bangalore-III Commissionerate, Bangalore 2. Shri Naveen Kumar, the learned Advocate, appeared on behalf of the appellants and Smt. Sudha Koka, the le .....

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..... the balance sheet which is a public document, suppression cannot be alleged. The following case laws are relied on : (a)     Kirloskar Oil Engines Ltd. v. CCE - 2004 (178) E.L.T. 998 (T) (b)     Hindalco Industries Ltd. v. CCE- 2003 (161) E.L.T. 346 (T) (c)     Martin & Harris Laboratories Ltd. - 2005 (185) E.L.T. 421 (T) 6. The .....

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..... l Excise v. Nisma Aircon International Ltd. - 2005 (123) ECE 57 (T) (b)     Commissioner of Central Excise v. Shardha Castings (P) Ltd. - 2005 (122) ECR 443 (T) 8. Further, it was submitted that in the appellant's own case, it was held that credit automatically lapses and demand cannot be sustained- 2007 (209) E.L.T. 229 (T). 9. The learned Departmental Representat .....

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..... stionable device. In any case, there is no evidence that there was work in progress. There was no allegation that subsequently the appellant had utilized the so-called credit attributable to the work in progress. This Tribunal in the party's own case had held that when the credit lapses at the end of the financial year, there is no question of demanding any duty. The ratio of the above case is squ .....

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..... of duty equal to the credit contained in in-process material. In any case, when the value of in-process material is 'nil' as on 31-3-2004, the issue raised itself never arises. In these circumstances, the duty of Rs. 2,03,956/- and levy of penalty are not warranted. The appeal and the stay application are allowed with consequential relief." 11. In view of the above following the ratio of the .....

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