2013 (10) TMI 1191

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....ACHARYA, ADVOCATE FOR THE RESPONDENT: SHRI A.K.BISWAS, A.R.( SUPDT.) ORDER Per Dr. D. M. Misra; This is an Application seeking waiver of predeposit of CENVAT Credit of Rs.80,22,363/- and equal amount of penalty imposed under Section 11AC of the Central Excise Act, 1944 read with Rule 15(2) of the CENVAT Credit Rules, 2004. 2. Ld. Consultant for the Applicant has submitted that the A....

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....s clandestinely without payment of duty. The ld. Consultant has submitted that there is no iota of evidence establishing the removal of such goods from the factory premises without payment of duty. The ld. Consultant categorically submitted that whatever moulds were received, consumed and used, were duly accounted for/reflected in their Mould Register. Even though the said Register had been referr....

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....that the Applicant were maintaining the Mould Register, wherein receipt/consumption of the CI Moulds were duly entered. We find force in the submission of the Applicant that after receipt of the CI Moulds, the same were utilized in the manufacture of finished goods namely, MS ingots and in the process of manufacture, the CI moulds were exhausted, and ultimately, the same were melted along with oth....