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2013 (1) TMI 530

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..... s prepared by the Revenue for arriving at the shortages. Also no evidence for clandestine removal of the inputs in question. Mere reliance on the statement of authorised representative which in any case admitted shortages but not clandestine removal, is neither fair nor proper. Cenvat credit on refined lead ingots - Held that:- Cenvat credit was availed on the basis of invoices issued by M/s Gr .....

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..... rods and ingots falling under Chapter 78 of first schedule of Central Excise Tariff Act, 1985. Their factory was visited by the Central Excise officers on 25.08.06 and on verifying the stock of the raw material, shortages of 18.870 MT of re-melted lead ingots and 43.380 MT of re-melted lead blocks involving duty to the tune of Rs.3,68,161/- were detected. Further it was found that the appellant ha .....

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..... t s representative admitting the said shortages. It is also seen that the appellant vide letter 05.09.06 challenged the such stock verification and also stated that the quantity of lead shown as short was lying in their kettle pans in their unit and was also under process which was not entered in their accounts. In any case, I find that there are no inventories prepared by the Revenue for arriving .....

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