TMI Blog2018 (10) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant case is that on receipt of the show cause notice they have requested the department for supply of relied upon documents from time to time, which were not handed over to them inspite of several efforts - Recovery of Central Excise Duty - Held that:- The appellants be provided copies of the documents as requested by them, as mentioned in their various letter, and the appellants would bear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Per: Dr. D.M. Misra These appeals are filed against order-in-original No. 50/BR-46/Th-I/2009 dt. 9.12.2009 passed by the Commissioner of Central Excise, Thane-I. 2. Briefly stated the facts of the case are that M/s. Annapurna Dyeing and Printing Mills Pvt. Ltd. had been engaged in processing of various types of fabrics. Alleging that the appellant had processed and cleared manmade fabrics in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of relied upon documents from time to time; the said correspondence are enclosed with appeal memorandum (Pages 286 to 289). These documents are vital for their defense and without the same their reply to the allegations in the notice would not be possible. Further, he has submitted that these documents were never supplied to them and Ld. Adjudicating Authority proceeded with the adjudication and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to them. 6. Heard both sides and perused the records. Undisputedly the Ld. Commissioner has decided the issue on the basis of the records available, since the appellants had failed to file their reply to the show cause notice. It is the grievances of the appellants that the documents which were seized from their premises, even though relevant for the purpose for preparation reply to the show c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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