1996 (6) TMI 304

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....spondent. [Order]. - When the stay application came up for hearing, ld. Advocate, Shri K.K. Anand, submitted that the main issue in this case having been decided by the judgment of the Larger Bench of the Tribunal in the case of M/s. Machine Builders & Others v. Collector of Central Excise [1996 (83) E.L.T. 576 (T) = 1996 (12) RLT 817], the main appeal itself could be taken up for disposal. ....

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.... was for the Revenue to verify whether the conditions were satisfied or not. The burden of proving the eligibility of the inputs could not be shifted by the Revenue to the assessees. 3. Apart from the submissions on merit ld. Advocate also claimed that the show cause notice having been issued on 13-9-93 for the period from March, 1993 to August, 1993, could not cover the period beyond 6 mo....

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....dealers. 6. The invoices relied upon did not show the nature of the brass scrap. Therefore, there is no force in the lower authority holding that the scrap consisted of broken machinery parts etc. This belief is apparently borrowed from the Trade Notice No. 19/93 of the Kanpur Central Excise Collectorate. This plea was repeatedly made before the original authority but she did not even exam....