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2016 (4) TMI 19 - CESTAT KOLKATA

2016 (4) TMI 19 - CESTAT KOLKATA - TMI - MODVAT Credit denied - stock taking taken by the statutory auditors of the appellant was sufficient to hold that the inputs were diverted by the appellant and accordingly, demand of CENVAT Credit and imposition of penalty has been correctly adjudicated against the appellant - Held that:- The appellant is engaged in the manufacture of Aluminium and calcined alumina. Certain shortages in the inputs were noticed as per the statutory audit undertaken by the a .....

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partment, Representative of Finance Department and the Departmental Representative of Raw Materials. The report also shows that the discrepancies and reconciliation were discussed with the concerned officials during the course of verification as well as while finalizing the report. The report further goes on to say that the findings of the Auditor of M/s. R.K. Das & Associates for the year 1992-93, 1993-94 and 1994-95, have duly been accepted by the assessee and the shortage detected are found t .....

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ned alumina and we hold accordingly - Decided in favour of assessee. - Excise Appeal No. 206/2002 - Order No : FO/A/75230/2016 - Dated:- 29-3-2016 - SRI H.K. THAKUR, HONBLE TECHNICAL MEMBER For the Petitioner : None For the Respondent : Sri S.S. Chatterjee, Supdt. (A.R.) ORDER PER SRI H.K. THAKUR This appeal has been filed by the appellant against Order-in-Original No. CCE/BBSR-I/41/2001 dated-20/12/2001 passed by the Commissioner of Central Excise & Customs, BBSR-I as adjudicating authorit .....

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ered and there is also no request for adjournment. As the appeal pertains to the year 2002, therefore, the same cannot be kept pending any longer. 3. Shri S.S. Chatterjee, Supdt. (A.R.) appeared on behalf of the Revenue. Ld. A.R. relied upon the case law of the appellant itself reported as NALCO Vs. Commr. of C. Ex., BBSR-I [2003 (159) ELT 370 (Tri.-Kolkata)]. It was strongly argued by him that stock taking taken by the statutory auditors of the appellant was sufficient to hold that the inputs w .....

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ken by the appellant. It is the case of the appellant that the said stock taking was not correct as reconciliation done at the end of the financial year indicated excess of raw materials. However, it is observed from the case law NALCO Vs. CCE, BBSR-I (supra) that following observations has been made by this Bench in paras 5 to 8 on the same issue:- 5.We have heard the submissions made and the arguments adduced before us by both the sides. We have also perused the findings on record. We note tha .....

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ed alumina received as bagged or in BTAP wagons, it was the same product and therefore, the two must be taken together before any demand of duty is fastened on the appellants. The contention of Revenue was that there were separate bin cards. Shortages have been arrived at after examining the bin cards in details. We note that the bin cards should have shown receipt and issues of various quantities from these two sources. Since the two sources were distinct and different, therefore, there was no .....

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