2002 (3) TMI 644

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....i R. Swaminathan, Consultant, for the Respondent. [Order]. -  Being aggrieved with the order passed by the Commissioner (Appeals), the Revenue has filed the present appeal. It is seen that the dispute before the Commissioner (Appeals) was as regards the availability of Modvat credit in respect of certain inputs which were found short than the recorded balance in RG 23A Part I register. ....

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....d by the Commissioner vide order dated 23-9-98. The said demand of duty was set aside by the appellants under the provisions of KVSS. The effect of settling of such demand under KVSS was that the order of the Commissioner confirming denial of Modvat credit on 6232.156 MT of Alumina became final, with the result that the starting point of the entries made in RG 23A Part I would get reduced by the s....

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....e plea of the Revenue cannot be accepted inasmuch as it is a continuing proceeding of shortages being found by the Revenue on comparison of the entries made in RG 23A Part I with the appellants' private register. If the initial quantity is taken wrong, the subsequent comparison of such quantity is bound to arrive at the wrong calculation. The Tribunal in the earlier judgment has only held that the....