2008 (1) TMI 785

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....et Singh, Advocates, for the Appellant. Shri B.S. Suhag, DR, for the Respondent. [Order]. -  Heard both sides. 2. The appellant filed these appeals against the common impugned order. The Modvat credit was denied to M/s. Vimal Alloys and penalties were imposed on Director of M/s. Vimal Alloys and consignment agent M/s. Adhunik Ferro Alloys. 3. The case of the Revenue i....

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....tion that TISCO has not received any payment from the appellant. The contention is that the goods received from the consignment agent were entered into statutory record and the same were used in the manufacture of goods which were cleared on payment of duty. There is no allegation that the appellant procured the inputs from other source and used in the manufacture of finished goods, therefore, the....

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.... on record to show that the payments were not received by TISCO regarding sale of goods in question. In the case of Viraj Alloys (Ltd.) (supra) relied upon by the Revenue, the manufacturer failed to establish that inputs mentioned in the invoices were received in the factory. The facts of the present case are different. In the present case, the appellant made payment regarding the goods directly t....