Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2000 (2) TMI 477

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... Dubey, JDR, for the Respondents. [Order per : G.R. Sharma, Member (T)]. - The Commissioner of Central Excise, Allahabad disallowed abatement in Central Excise duty for the period from 27-5-98 to 12-4-99 on the ground that notice of closure should have been given either prior to date of closure or on the date of closure. In the instant case, notice was given on 28-5-1998. Ld. Commissioner furt....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e the appellant should have been given abatement effective from 28-5-1998. In so far as the non-submission of the claim of abatement is concerned, he submits that this finding of ld. Commissioner has no meaning inasmuch as what they had agitated was the abatement of duty during the period of closure of the factory. He submits therefore the finding of the ld. Commissioner that abatement prayer was ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....no doubt was sent subsequent to the date of closure and thus there has been a contravention of the Rules. He submits that there is no finding that two meters were different and it was not the same meter. He submits that the seal of the crucible was broken and there was no evidence subsequently that the crucible was sealed again. He submits that when this fact along with the meter reading is consid....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pellants had sought permission of the Department to clean and oil the furnace and machinery which was permitted. The seal of the crucible was opened by the Inspector and it was incumbent and duty of the Inspector to see that the crucible was sealed again. If he did not seal, it was entirely his fault. In so far as the different readings are concerned, we find that ld. Commissioner has not rendered....