2012 (11) TMI 681

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.... Shri V.V. Hariharan, JCDR, for the Respondent. [Order]. -  Heard both sides at length. On 13-5-1999, the appellants intimated the jurisdictional Superintendent through a letter the following :- "We are to inform you from our records that the differential duty receivable from you for the following months are pending for a long time. Cotton Yarn July' 95 Rs. 9,122.22 &nbs....

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....-1999, where the appellants wrote the following : "Further to our letter cited above, the differential Central Excise Duty receivable from you in respect of Cotton yarn for Rs. 40,052.22 and N.C.S. Yarn Rs. 2,15,642.65 for the period relating from July, '95 to June, '96 is yet to be taken credit by us and we have requested your kind permission for the same. Due to non-receipt of RT-12 assessed ....

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....ting and also several times discussed the matter with the inspector and the Superintendent of Central Excise and requested to return the RT-12 return submitted for the period from July, '95 to Jan. '96 and the matter was kept pending for a long time because of the file at your office was not available in current desk. However, as requested by your officials, we deputed our office boy for tracing t....

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.... take credit of the impugned amount on 21-12-1999, which they intimated to the jurisdictional Superintendent through their third letter cited above. Even after that, the concerned officials have not bothered to assess the relevant returns duly submitted by the appellants and subsequently traced out by sending a person to the Range Office. The copies of the assessed RT-12 returns according to the l....