2010 (8) TMI 560

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....iented Yarn (POY) is used as basic raw material. During the search of their factory premises and physical stock verification, certain shortages of raw materials were detected. In his on the spot statement, General Manager of the appellant company revealed that the said raw material is lying in the factory premises of their sister unit due to shortage of space in their premises on account of rainy season. The fact is that the said POY was found in the premises of their sister concern. The appellant company, however, debited the credit so availed by them on the date of visit itself. Subsequently, proceedings were initiated against them for confirmation of Modvat amount on the ground that the appellant had cleared the input on which they have ....

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....come ab initio void and the proceedings taken there under are not legally sustainable. Under the facts discussed above, I hereby set aside the impugned order-in-original and allow the appeal. The stay application stands disposed off accordingly." 3. Accordingly, the appellants contended that the ownership of the goods by M/s. Shubhlaxmi Syntex Pvt. Ltd. and M/s. Shubhlaxmi Dyetex Pvt. Ltd. has not been disputed by the Revenue, in which case, it only remains a question of procedural lapse. Had they intimated their jurisdictional Central Excise authority and sought their permission to store the input temporarily in the premises of their sister unit, no duty liability would have arisen against them. 4. The Commissioner (Appe....