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2010 (1) TMI 1066 - AT - Central Excise
Issues: Failure to examine records of third party, failure to examine entire chain of dispatch, admissibility of Cenvat credit.
Failure to examine records of third party: The appellant had sent moulds for repair and painting to M/s. L.R. Moulds of Kanpur, but these were not found during the investigation. The authorities did not verify the records of M/s. L.R. Moulds or call for any records to verify the claim. No show cause notice was issued to M/s. L.R. Moulds to examine the goods in their possession. The appellant argued that had the authorities properly examined the records and enquired about the documents, the truth could have been revealed, and Cenvat credit would have been granted. The lack of examination of third-party records led to the plea for a remand to present a complete defense and seek scrutiny. Failure to examine entire chain of dispatch: The appellant's counsel contended that the authorities failed to investigate the entire chain of dispatch of goods from the factory to M/s. L.R. Moulds and did not examine evidence regarding the return of the goods. The appellant believed that if the authorities had looked into all the facts and evidence, the truth would have emerged, and Cenvat credit would have been deemed admissible. The absence of examination of the dispatch chain and evidence related to the return of goods was highlighted as a crucial oversight that warranted a remand for a thorough examination. Admissibility of Cenvat credit: The appellant argued for the admissibility of Cenvat credit on the moulds and plaster of paris, citing specific amounts. The appellant claimed that there was no allegation of deliberate pilferage in the original order and emphasized the need for a remand to present a complete defense. The failure to establish the movement of goods or deliberate pilferage to evade revenue was pointed out as a flaw in the adjudication process. The lack of examination of destination-based evidence and the failure to test the reason for non-production of documents were highlighted as legal shortcomings that necessitated setting aside the impugned order and remanding the matter for a re-doing of the adjudication in accordance with the law.
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