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1997 (3) TMI 262

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....R, for the Respondents. [Order]. - The above appeals arise out of a common order passed by the Collector of Central Excise (Appeals), Chandigarh and are being heard together and disposed of by this common order. 2. The facts of the case in brief are that the appellants are engaged in the manufacture of coated and uncoated steel wires falling under sub-heading No. 7217.90 of the Sched....

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....utiny of RT 12 return for the month of December, 1992, it was noticed that the appellants had taken Modvat credit of Rs. 56, 515. 40 on 61. 400 MT of steel wire rods received under 5 GPIs issued by M/s. Modi Steels in the name of M/s. Modi Industries Ltd. (Steel Section), Chandigarh stock yard with further endorsement in favour of the appellants without payment of Central Excise duty. On the face ....

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.... issue of show cause notice, the Assistant Collector adjudicated the matter and confirmed the demands. The Collector (Appeals) upheld the orders of the Assistant Collector on the ground that the goods sent back could not be co-related with the goods sent out for re-conditioning etc. by the appellants and in the absence of co-relation, there was nothing to indicate that the goods which came back we....

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....versal of credit, contained a reference to GPI under which the goods had come to the appellants. He therefore, submits that co-relation has been established by the appellants and therefore, credit should not have been denied to them for this reason. 6. The learned DR Shri Sethi reiterates the findings of the lower authorities. 7. On a consideration of submissions of both the sides ....