2004 (1) TMI 550

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....ma, JDR, for the Respondent. [Order]. - Appellants filed this appeal against the order-in-appeal passed by the Commissioner (Appeals). 2. Brief facts of the case are that appellants are engaged in the manufacture of Conveyor Belts, Transmission Belts and appellants were availing the benefit of MODVAT credit in respect of the inputs used in their final product on 22-11-2000. The Offic....

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....mption fine to Rs. 50,000/- and penalty of Rs. 5,000/-. The contention of the Appellant is that the Dipped Synthetic Fabrics which were found short was imported under DEEC Scheme and no CVD duty was paid. Therefore, the appellants had not taken any credit in respect of the Dipped Synthetic Fabric. Therefore, the demand by the Revenue by denying the credit on Dipped Synthetic Fabrics is not sustain....

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....case of Kirloskar Brothers Ltd. v. Union of India and Others, reported in 1988 (34) E.L.T. 30 (Bom.) to submit that when the goods were found unaccounted in the factory, they are liable to confiscation. 6. I find that in respect of shortage of Dipped Synthetic Fabrics separate proceeding as pending against the appellant, therefore, are not subject matter of the present adjudication. 7.&....