Just a moment...

Report
ReportReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Report an Error
Type of Error :
Please tell us about the error :
Min 15 characters0/2000
TMI Blog
Home /

1995 (4) TMI 187

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nufacture of which various inputs are used at different stages of processing. During the course of manufacture some solvents are recovered and also effluents are generated. Some of the effluents generated have some organic chemicals in sufficient quantities to be usable, while other effluents generated on account of their composition do not have any saleable value. He pleaded that the demand is based on the private records maintained by the appellants in respect of the solvents and effluents. This record he pleaded has entries regarding the details of the effluents and the solvents, namely quantity, persons who received the consignments, name of the consignee and also the signature of the representative of the consignee. He pleaded against ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d also made enquiries, and statements were also recorded from the consignees indicated in the sheets and one of the buyers M/s. Manjunatha Chemicals have stated that they had not purchased any solvents from the appellants and arranged tankers for draining out the solvents, while the another firm had admittedly purchased certain solvents. He pleaded that the learned lower authority has not entered any reasoned findings based on the enquiries particularly when the authorities were relying on the entries in the note book which formed the basis on which the duty had been demanded in respect of the goods covered by the entries where no sale amount has been shown. He pleaded that there is no proper appreciation of the appellants pleas that some o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ispensing with the pre-deposit of the duty and penalty as pleaded by the learned Consultant above. 4. The learned DR pleaded that the learned Collector has given reasons for demanding the duty in Paras 16, 17 & 18 and stated that notwithstanding the non-discussion of all the evidence, the learned lower authority's order is maintainable in law. 5. We have considered the pleas made by both the sides. We observe that the duty demanded from the appellants is based on their own private records which reflect the production of the recovered solvent and the effluents on day-to-day basis. Entries also show the names of the consignees and in some cases the amounts recovered by way of sale of these goods. The enquiries made by the authorit....