1994 (4) TMI 177

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....nt. Shri V.K. Jain, Advocate, for the Respondents. [Order per : P.K. Desai, Member (J)]. - This Reference Application is filed seeking reference on the questions formulated and pleaded to be the questions of law arising out of the order of this Bench No. 987/93-WRB, dt. 21-6-1993 in Appeal No. E/676/92-Bom. 2. The issue relates to denial of the Modvat credit on the deemed credit b....

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....e clearly recognisable as being non-duty paid or charged to nil rate of duty." 4. Shri Ravinder Jain, the ld. JDR at the time of his submission during the hearing of this application has come out with the prayer that the deptt. has now been able to procure enough material to show that the scrap that was sold in the ammunition depots, was generated out of the items which are not duty paid a....

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....red. 5. Shri V.K. Jain, the ld. C.A. however, opposed the same by submitting that the Tribunal has formulated the opinion on the facts and circumstances as were existing at the time of passing of the appeal and any new evidence procured at a later date could not be used for the purpose of pleading an erroneous finding of the Tribunal. 6. Going through the records and the submission....