TaxTMI 
TaxTMI 
2000 (6) TMI 336
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....nt. Shri R.K. Roy, JDR, for the Respondents. [Order]. - As these two stay petitions have been filed against a common Order-in-Original dated 29-11-1999, they are taken up together for disposal. 2. The first applicant is M/s. Trishakti Alloys Pvt. Ltd. and the second applicant is Shri A.K. Kaushal, Authorised Representative of the first applicant. By the said Order-in-Original, the....
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....s used in the manufacture of the said goods. They have been maintaining proper records in RG-23A Part I & II and have been submitting RT-12 returns to the Revenue along with duty paying documents and copies of the RG-23A Part I & II to the Central Excise authorities. The allegation against the appellant was that they availed Modvat credit in respect of the goods not received in the factory. Accord....
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....to M/s. Sumitra Metals Pvt. Ltd. and such transactions were duly entered in their cash books for the relevant period. Ld. consultant argued that the statement of Shri A.K. Kaushal was not voluntary as it was obtained by duress. He further argued that Shri A.K. Kaushal has retracted the statement. He, therefore, pleaded that Shri Kaushal's statement should not be relied upon. Ld. Consultant admits ....
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....it was utilised without the receipt of the inputs. In this connection, he invites attention to a confessional statement of Shri A.K. Kaushal wherein Shri Kaushal has admitted that the inputs were not received in the factory and the same was sold outright in the market. In the said statement, Shri Kaushal has admitted non-receipt of inputs in the factory and deposed that it was a mistake to avail t....