2013 (6) TMI 213

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....ides are in controversy as to whether comparison of inputs figures from the bank statement and figures stated in the statement dated 24.03.2005 recorded from Shri Surendra Pilai gives rise to non-receipt of the inputs to the extent of 408.283 MTs and whether mere paper credit was enjoyed by appellant as cenvat credit. 2.Material facts as that is placed by ld. Counsel today is that Learned Autho....

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....ppellant. 3. Ld. DR on the other hand relied on the show cause notice to support adjudication order. 4. Heard both sides and perused the contents in the discussion and finding appearing in the adjudication order. 5.1 Learned Adjudicating authority examined the allegation made in the show cause notice in para 21 of the adjudication order and also depicted how Revenue calculated the differe....

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....thority to satisfy him is conceivable when the paper book was filed before us. 6. Another feature we notice in this case is that there was summary adjudication in respect of ingredients of inputs without any break-up thereof to examine status of each ingredient thereof in each of the five years. Para 23.4 of the adjudication order discloses steel and weding electrodes were inputs. It is necessa....

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....g in view is anxiety to do justice to assess without pretence. (1) Detailed composition of opening stock of inputs as on 1.3.2005. Year wise purchase, use and stock at the end of each of the aforesaid five years. (2) If the inputs stated in para 23.4 is composed of several items, reconciliation of each items is to be done to arrive at the conclusion. (3) While arriving at the quantum of s....