1993 (8) TMI 164

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.... Shri Somesh Arora, JDR, for the Respondents. [Order per : G.P. Agarwal, Member (J)]. -  These are five appeals filed by the appellants against four impugned Orders-in-Appeal. Since, the common question in all these appeals is involved, the same were heard together. 2. Brief facts - In all these appeals certain quantities of Urea was seized on different dates from both the appellants....

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.... premises of both the appellants who are the manufacturer of plywood and used the Urea in the manufacture of resin, that is to say, for industrial use. The authorities below, however, confirmed the demand on the ground that the appellants failed to prove that the Urea so purchased by them from the open market was duty-paid. After submitting so, he in all fairness brought to our notice the decision....

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....ase of Sulekh Ram and Sons v. Union of India and Others, reported in 1978 (2) E.L.T. 525, Delhi High Court has held that under excise system no goods can be removed from the place of manufacture without first paying the excise duty. Therefore, a purchaser can presume that the goods are duty-paid. It would be incredible if the purchasers were required to ascertain whether excise duty has already be....