2001 (9) TMI 361

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....espondent. [Order per : Gowri Shankar, Member (T)]. - We do not find it possible to accept the request for adjournment made on the ground that the officer concerned with the matter has suddenly fallen ill. On the hearing of the appeal fixed on 28-6-96, the appellant had asked for adjournment of the hearing of the appeal times. Adjournment was sought of the hearing on 2-1-2000 on the ground t....

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....angles. The department concludes from the scrutiny of the appellants' records that it had, in December 1994, issued invoices showing clearances of these goods each showing the consignor to be Tata Iron and Steel Co. Ltd. (TISCO for short), the consignee to be the appellant itself, and taken Modvat credit on the basis of these documents. The department found that various delivery challans of TISCO ....

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....nd steel articles." The billets were received by the conversion unit which cleared MS angles under conversion invoices on payment of excise duty to TISCO. These goods viz. MS angles were bought from TISCO by Sharda Ispat Ltd. (independent manufacturer). The goods were cleared by the conversion agent showing payment of duty and bought by the independent manufacturer who took the credit of the duty ....

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....these invoices have been produced. They bear the name on top in bold letters, Sharda Ispat Ltd. It shows the consignor to be T1SCO and consignee also to be TISCO. Details are filled against order, transporter truck no. etc. These are the documents on which credit was taken. Now the character of these documents is highly dubious. They were obviously not invoices that were issued by T1SCO. As we hav....