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2017 (2) TMI 90 - CESTAT MUMBAI

2017 (2) TMI 90 - CESTAT MUMBAI - TMI - Reversal of CENVAT credit - unaccounted obsolete stock of raw material lying in the factory of the assessee and on the goods consumed captively for manufacture of dutiable goods cleared at nil rate of duty - Held that: - the impugned order has simply ignored the issue on limitation raised by the appellants. It has been claimed that the clearance to SEZ have taken place under CT-3 and AR-3 documents and therefore, were within the knowledge of revenue. It is .....

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t on the unaccounted obsolete stock of raw material lying in the factory of the assessee and on the goods consumed captively for manufacture of dutiable goods cleared at nil rate of duty against CT-3 certificate to Special Economic Zone. The demand of duty was confirmed on both the counts by the original adjudicating authority and was upheld by the Commissioner (Appeals). Aggrieved by the said order, the appellants are before the Tribunal. 2. None appeared for the appellant and they requested vi .....

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tion) and not a technically qualified authority to decide about the utility of such materials in the production. It has been argued that if the material even if obsolete and non-usable is lying in the factory, no reversal of credit is required. The appeal also argues that the intelligence report has not been given to the appellant and the issue of denial of cross examination has not been examined in the impugned order. It has also been argued that the final products/intermediate products cleared .....

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