2011 (1) TMI 1138

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..... on physical verification it was found that there was shortage of Modvat inputs and capital goods in the factory premises of the respondent - assessee. Though the officers of the assessee admitted the shortage in their statement recorded during the course of search, the assessee produced several documents during the course of assessment proceedings to show that there was no shortage. However, the a .....

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..... er could be passed.   3. In the result, the orderinoriginal dated 28.11.2001, order of Commissioner of Central Excise (Appeals) dated 31.01.2003 and the order of CESTAT 2-9-2005 are quashed and set aside and the matter is restored to the file of the adjudicating authority. The adjudicating authority is directed to pass a fresh adjudication order in accordance with law after hearing the asses .....

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