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2007 (7) TMI 56

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....e. The same were accordingly seized. The search was also carried out at premises of their transporter and recovered three loading slip books. Inasmuch as the same did not match with the clearance record of the appellant, the Revenue entertained a view that the same reflected in clandestine clearance. In addition, modvatable inputs were also found short in the appellant's factory involving Cenvat credit of Rs. 1,76,239/-. 2. On the above basis, proceedings were initiated against them, proposing confiscation of excess found goods, the confirmation of duty of Rs. 1,37,984/- alleging clandestine clearance on the basis of loading slips recovered from the transporter's premises, proposing denial of Modvat credit in respect of shortages of inpu....

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....for 25 days and the officers have not deducted the raw material issued for manufacture of the goods during the said period; that the officers have noticed the excess stock of finished goods and the same must have been manufactured out of the said short found cenvatable inputs; that the officers have demanded the Cenvat credit on such inputs without giving any proof of removal of input as such and without taking into consideration the inputs issued from the period 1-5-2002 to 25-5-2002. Regarding the excess found finished goods and the valuation has been done taking the M.R.P. of the boxes; that the officers had never counted the actual physical stock but written the figures as per their whims; that the officers had not taken into considerat....