2003 (10) TMI 155

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....wal, Member (T)]. - In this appeal filed by M/s. K.M. Sugar Mills Ltd., the issue involved is whether waste and scrap has arisen out of machinery in respect of which Modvat credit of the duty has been availed of by them. 2. Shri S.P. Ojha, learned Consultant, submitted that the appellants manufacture sugar and molasses; that the Commissioner (Appeals) under the impugned order has confirmed the ....

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....(Appeals) is therefore, based on unsubstantiated presumption and unwarranted assumption; that it has been held by the Supreme Court in the case of Oudh Sugar Mills Ltd. v. Union of India - 1978 (2) E.L.T. J172 that the findings based on such show cause notice are without any tangible evidence and are based only on inferences involving unwarranted assumptions. 3. Countering the arguments, the le....