Just a moment...

Report
FeedbackReport
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:

Feedback/Report an Error
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home /

1997 (6) TMI 211

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tant and R.S. Dinkar, Advocate, for Appellants. Shri Gurdeep Singh, JDR, for the Respondent. [Order per : K.S. Venkataramani, Member (T)]. - On hearing both the parties, we grant stay in all these cases as the matter has to be remanded to the adjudicating authority for a fresh adjudication in accordance with the principles of natural justice. 2. We have heard Shri S.C. Bhide, ld. Consult....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... suppliers. It was found from the invoices that majority of the consignment of the material supplied by the appellants M/s. Siddharth Metal Works who were sold the material to the appellants M/s. Banco Aluminium Ltd. at much lower rate than the rate given in the corresponding central excise gate passes. Similarly, on scrutiny of the invoices of other appellants M/s. Ganpati Aluminium, it was found....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....llants M/s. Banco Aluminium for the recovery of the Modvat credit so availed of and against the other appellants for penalty on them under Rule 209A of the Central Excise Rules. M/s. Ganpati Aluminium and M/s. Siddharth Metal Works are the suppliers of materials and Shri Rajanbhai R. Desai is the Marketing Manager of M/s. Banco Aluminium and the appellant Shri A.J. Shimpi is their excise clerk. 4....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....adjudication was in November, 1996. On that date, the ld. Counsel appearing for M/s. Banco Aluminium in his own personal court case was away from Vadodara. Therefore, it may be in the interest of justice to allow the facility of cross-examining the witnesses to this appellants and for this purpose the case is remanded to the Commissioner of Central Excise, Vadodara considering the fact that the cr....