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2013 (10) TMI 1191

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..... it, but instead of utilizing, cleared the same clandestinely in the guise of captive consumption – Held that:- Prima facie the Applicant were maintaining the Mould Register, wherein receipt/consumption of the CI Moulds were duly entered - after receipt of the CI Moulds, the same were utilized in the manufacture of finished goods namely, MS ingots and in the process of manufacture, the CI moulds we .....

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..... ant for the Applicant has submitted that the Applicant are engaged in the manufacture of MS ingots. In the manufacture of MS ingots, they utilized CI Moulds on which they availed CENVAT Credit treating the same as capital goods. The ld. Consultant submitted that after the use of CI Moulds, the same become damaged and accordingly consumed in their factory by melting the same along with other raw ma .....

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..... Even though the said Register had been referred to, the ld. Adjudicating Authority has not considered the same and confirmed the demand. 3. Ld. AR for the Revenue has submitted that the ld. Adjudicating Authority in his finding has considered the said Register and recorded that the entries made in the said Register cannot be relied upon, inasmuch as at the time of visit of audit officers, the A .....

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..... imately, the same were melted along with other raw materials for manufacture of the finished goods. Prima facie, we are not impressed with the finding of the ld. Commissioner that since the CI moulds were not available at the time of visit of the audit officers, thus it would indicate that the entries of CI moulds mentioned in the Mould Registers for more than 4 years were not to be relied upon an .....

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