2004 (4) TMI 368

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....i A.K. Saxena, JDR, for the Respondent. [Order] -  The appellant is Maharashtra State Electricity Board. The Board was constrained to pay the duty on Pre-stressed Concrete Poles at the instance of the Central Excise department during the period May, 1981 to September, 1987. Subsequently, they succeeded on the plea that they were not the manufacturer of the said goods. The Tribunal by or....

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....bmits that the original documents namely, gate passes, TR-6 challans, extracts from PLA, etc. were already available with the department and that true copies of the documents were filed with the Assistant Collector of Central Excise Division-II, Nagpur. The original and first appellate authorities have not carefully appreciated this fact while holding that the requisite documents had not been prod....

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....pellant produced the same. Thereafter, it was not open to the authorities to reject the refund claim on the ground of non-production of duty-paying documents. In this connection, the ld. Counsel has relied on the following decisions of the Tribunal : - (a)        Hindustan Tin Works Ltd. v. CCE, Meerut [2000 (115) E.L.T. 830 (Tri.)] (b)   &nb....

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....Division-II, Nagpur for necessary action. The letter further indicates that, xerox copies of RT-12, PLA, GP-1 and TR-6 challans in respect of duty of Rs. 1,86,222/- had also been supplied to the Assistant Commissioner of Central Excise Division-II, Nagpur from the Divisional office Amravati. These documents related to the period May 1981 to September 1989. The Commissioner (Appeals) has however no....