2007 (11) TMI 156

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....er examining the records and hearing both sides, we find that the appeal itself can be finally disposed of at this stage. Accordingly, after dispensing with pre-deposit, we take up the appeal.  2. The appellants had, on 22-1-2005, sold a consignment of Wear Resistant Plates [WRP] to one M/s. Sudarshan Trade Syndicate (STS, for short), a proprietary concern owned by one of the Directors of ....

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....penalty. The decision of that authority was sustained by the Commissioner (Appeals). Hence the present appeal. 3. After hearing both sides and considering their submissions, we note that the excess CENVAT credit taken by the party was reversed by them as soon as the mistake was pointed out to them by the investigating officers of the department. It is also noticed that the differential amount o....

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....te was not made to or through related buyer, the bulk of such clearances having been made to independent unrelated buyers. This case of the appellants is supported by a plethora of decisions including the one rendered by the Tribunal in the case of Aquamall Water Solutions Ltd. v. Commissioner, 2005 (182) E.L.T. 196 (Tri.-Bang.) affirmed by the Supreme Court in 2006 (193) A 197 (SC). In the said c....