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2004 (7) TMI 455

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....t. [Order]. -  The appellant's appeal is directed against the order-in-original, whereby the demand of duty confirmed against the appellants by the Joint Commissioner was upheld. The demand for Rs. 4,67,125/- was confirmed against the appellants on the ground that there was a shortage of physical stock of the inputs in the appellants factory, compared to the stock figuring in the Modvat rec....

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....ued for manufacture, there would not have been any case for denial of credit since the loss of inputs in the process does not require reversal of credit of the duty paid on the quantity lost in process. It is only on account of a system of maintaining records, showing the actual quantity issued for production that the loss in the physical stock is visible. In the absence of any tangible evidence o....