2016 (4) TMI 19

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....pdt. (A.R.) ORDER PER SRI H.K. THAKUR This appeal has been filed by the appellant against Order-in-Original No. CCE/BBSR-I/41/2001 dated-20/12/2001 passed by the Commissioner of Central Excise & Customs, BBSR-I as adjudicating authority. Under this Order-in-original dated 20.12.2001, the adjudicating authority disallowed and confirmed MODVAT Credit of Rs. 22,24,046/- to the appellant unde....

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....t was sufficient to hold that the inputs were diverted by the appellant and accordingly, demand of CENVAT Credit and imposition of penalty has been correctly adjudicated against the appellant. Ld. A.R. strongly defended the order-in-original dated 20/12/2001 passed by the adjudicating authority. 4. Heard the Ld. A.R. appearing on behalf of the Revenue and perused the case records. The appellant....

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....ts on the total quantity of calcined alumina received by two modes of transport. Since the Modvat credit was taken, it became incumbent for the appellants to explain any shortage or any discrepancy that may arise. 6.The contention of the appellants was that in both the cases, it was calcined alumina which was received and that as shown above when calcined alumina received as bagged or in ....

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....hich were fit for use in the manufacturing process were accounted for in the course of conducting the stock verification. 7.The stock verifiers report also indicated that the approval of various representatives of the assessee who were also associated with the Chartered Accountant was taken of the manner of verification. The stock verification was done in the presence of the custodian of....