2013 (5) TMI 799

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....-10-1994 to 18-6-1999, PVC Resin shown as issued as per RG 23A part I register was 1,16,69,281.17 Kgs while as per mixer Log Book, PVC resin consumed is 1,08,17,386.33 Kgs. Thus there was a difference of 8,51,892.84 Kgs in the PVC resin shown was issued and consumed. A demand notice was issued in respect of Modvat credit on the said quantity of PVC Resin as either it was removed or not received at all. The demand was confirmed by the Commissioner vide Order, dated 28-2-2002. Appellant filed appeal before this Tribunal, wherein additional document viz. C.A. certificate was produced. Tribunal remanded the matter to re-examine various claims made by the appellant. In pursuant to the same, impugned order, dated 25-4-2004 has been passed. Before....

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....sp;Ld. D.R. on the other hand reiterates the findings of adjudicating authority and states that in the absence of Mixer Log Book for the relevant period and details of actual buffer stock, benefit cannot be extended. 5. We have considered the submissions of both sides. On the first issue, we note that there is no dispute that factory was under production during the two spells for which Mixer Log Books are not available. In such a situation department cannot deny benefit of Modvat credit on PVC resin used in the production. Since exact quantity is not known, in our view following procedure can be adopted in the instant case to estimate the reasonable quantity of Inputs used viz. (a)     Quantity of final produc....