https://www.taxtmi.com/caselaws?id=113222 Duty demand and denial of Modvat credit on PVC resin were held unsustainable because the Revenue failed to prove excess consumption or clandestine disposal with reliable evidence. Competing technical opinions did not conclusively show that emulsion grade PVC resin could not be used in PVC compound for wire and cable applications, no credible chemical test or material established non-purchase or disposal as such, and the assumed 55% usage norm was found arbitrary. The demand rested on inference rather than tangible proof, so the appeals were allowed on merits. en-us Fri, 14 Nov 2003 00:00:00 +0530 Fri, 04 May 2012 14:14:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=113222 Duty demand and denial of Modvat credit on PVC resin were held unsustainable because the Revenue failed to prove excess consumption or clandestine disposal with reliable evidence. Competing technical opinions did not conclusively show that emulsion grade PVC resin could not be used in PVC compound for wire and cable applications, no credible chemical test or material established non-purchase or disposal as such, and the assumed 55% usage norm was found arbitrary. The demand rested on inference rather than tangible proof, so the appeals were allowed on merits. Case-Laws Central Excise Fri, 14 Nov 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=113222