1998 (1) TMI 283

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....ommissioner has also ordered reversal of Modvat credit of Rs. 1.55 lakhs, Rs. 3.88 lakhs and Rs. 13.63 lakhs from GSP, GIP, and Metalloys respectively and imposed penalties totalling of Rs. 1.05 lakhs, Rs. 25,000/- and Rs. 15,000/- respectively on each of them. 2. The duty has been demanded on a number of grounds. Rs. 14.24 lakhs approximately has been demanded from GSP on the ground that sintered bushes which were purportedly manufactured and cleared on payment of duty by GIP were in fact actually manufactured by GSP who should pay the duty. Similarly duty of Rs. 7.10 lakhs has been demanded from GIP on the ground that it was a manufacturer of tin products purportedly manufactured by Metalloys. With regard to these allegations, the....

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....urers is contradictory to the evidence in the form of statement of employees such as Mamta Kanekar and Parsekar, which showed that invoices were issued fictitious parties and goods are not sent to such parties but sent to the Mumbai office and sold in cash from Mumbai office. He emphasised that Anil Lotlikar, Director of GSP was also not able to explain. 4. The price list has not been produced and is therefore not possible to say that the prices in this cases relating to the goods are only for OE manufacturers. It also contradicts the position put forward in the correspondence with Spinya Equipment Pvt. Ltd., which, it was stated during the hearing was an OE manufacturer. The omission to mention the price lists in the correspondence....