2008 (1) TMI 36

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....r passed by the Commissioner (Appeals), Revenue has preferred these two appeals.  The respondent has also filed a cross objection.  I have heard Shri K.J. Sanchis, learned JDR appearing for the Revenue and Shri Mukund Choudhan, learned CA appearing for the Respondent and gone through the impugned order passed by the Commissioner (Appeals). 2.       &....

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....of Invoice No.128 being fake and false, does not stand considered by the Commissioner (Appeals) and no findings stand arrived at by him in respect of said invoice.  He has proceeded as if all the 3 invoices are from the regular Central Excise invoice book and only mistake on the part of the appellant is that the duty debited remained to be debited, whereas I find that this is not so.  As....