1987 (10) TMI 298

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....rasad, Consultant, for the Respondents. [Order per : V.T. Raghavachari, Member (J)].  - The respondents M/s. Emkay Glass Works had leased out a part of their factory to another partnership concern by name Emkay Udyog under lease dated 15-6-1986. The issue in these two appeals relates to the liability for payment of duty on the goods claimed to have been manufactured by Emkay Udyog durin....

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.... to Emkay Udyog who would be manufacturing their own products independently in that place. This was not granted and on the other hand proceedings were taken to demand duty from the respondents in respect of goods manufactured in the leased premises. The Department felt that as the respondents had exceeded the limit of fifteen laths they had created Emkay Udyog on paper in order to claim a further ....

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....fore us reference is made to a letter said to have been written by the Superintendent on 21-1-1981 and of which the Collector (Appeals) had not taken notice. The respondents contended that no such letter was disclosed to them and, therefore, no reliance should be placed on the contents of the said letter. The said letter states that the production of Emkay Udyog has been taken into the records of ....