2009 (11) TMI 705

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....or the Respondent. ORDER The appellant M/s. Akash Fabrics is a 100% EOU engaged in manufacture of Polyester Grey Fabrics, Printed Fabrics and Polyester Texturised Yarn for captive consumption. During the verification of stock by the officers on 24-6-2003, shortage of 3719.5 Kgs. of Polyester Texturised Yarn was found. Shri Jaiprakash Motwani, second appellant and partner of this firm admitte....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... be decided on the basis of written submissions. Other submission made by appellants is that, once the excise duty has been demanded on the finished goods, no duty on the inputs can be demanded and for this purpose, they relied on the decisions of the Tribunal in the case of Amitex Silk Mills Private Limited v. CCE, Surat - 2007 (216) E.L.T. 589 (Tri.-Ahmd.) and in the case of M/s. Bhagat Exports ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....terest and penalty to the extent of 25% of the duty, within 30 days of the order. In view of the above and in view of the decision of this Tribunal in the case of M/s. Swati Chemicals Industries & Others being Order No. A/1556-1576/WZB/AHD/2009 dated 21-7-2009 [2009 (248) E.L.T. 421 (Tri.-Ahmd.)] and also the decision of the Hon'ble Gujarat High Court in the case of CCE, Ahmedabad v. M/s. Akash Fa....