2007 (5) TMI 550

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....M.M. Mathkar, DR, for the Respondent. [Order]. -  Heard both sides on the ROM application against the order of the Tribunal Nos. A/430 & 431/WZB/Ah'bad/06, dated 1-12-2006 [2007 (219) E.L.T. 348 (Tri.-Mum.)]. The main ground adduced for rectification of mistake is that there is a finding that benefit of doubt goes to the appellant manufacturer and therefore, denial of credit to the appe....

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....by one M/s Muskan Prints of Surat. M/s Muskan Prints did not exist in the address given by them. There is a clear evidence of fraud on the part of M/s Muskan Prints. Any fraud vitiates the transaction. The document cannot be held to be valid for the purpose of taking credit. The appellant is the manufacturer; the duty liability and obligation to follow the Central Excise law and procedure is on th....

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....goods with the knowledge that they are stolen, then he is liable, in addition to penal action. Any way the appellant in this case, has taken an undertaking from the merchant manufacturer to compensate him, in the event of credit being found not eligible. Whether this was done out of abundant precaution or out of knowledge is not clear. In this regard benefit of doubt naturally goes to the appellan....