2015 (1) TMI 759

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....Per: Vijay Manohar Sahai: 1. We have heard Mr. Paritosh Gupta, learned counsel appearing for Mr. Paresh M. Dave appearing for the appellant and Mr. Yogesh M. Ravani , learned Central Government Standing Counsel appearing for the respondents. 3. In this Tax Appeal, the appellant - assessee has challenged the judgment and order dated 4.8.2005 passed by the Customs, Excise and Service Tax Appellate....

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....t) totalling to Rs. 2 ,04,230 /- on the inputs which were found as shortage, proposing to impose penalty on the appellant and also proposing to charge and recover interest from the appellant. 5. The Deputy Commissioner of Central Excise passed an Order-In-Original dated 30.3.1999 holding that the appellant had availed Modvat credit on pig iron, which was found short and the same was not used in t....

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....he following substantial question of law :-           "Whether the Appellate Tribunal is right in considering wastage of 221.338 M.Ts. (2,21,338 Kgs.) of iron as loss of inputs for demanding duties thereon?" 9. Having considered the rival submissions came to be made as well as from the perusal of the inspection note as well as while carrying out inspe....