1997 (7) TMI 301

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..... cation filed against the order of Commissioner of Central Excise, Ghaziabad dated 21-4-1997. 2. Ld. Counsel stated that the appellants are manufacturers of hand tools viz. Pliers, spanners, etc. They purchased various machines during the period March, 1994 to December, 1994. 3. The appellants got registered with the Central Excise on 19-12-1994. On 25-12-1994 there was trial run of the unit; .....

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..... iginal. 3. It was their contention that prior to December, 1994, there was no factory in existence, therefore the date of registration i.e. 19-12-1994 should be taken as the date on which the factory came into existence and also as the date of receipt of goods in the factory. The delay, if any, is therefore within a period of 3 months and condonable. Balance credit has been denied on the ground .....

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..... alance sheet filed is only of 1995 and not the latest one and further it only shows a nominal loss and does not indicate that the appellant will be put to undue hardship if they were required to deposit the amount in question. 6. I have considered the above submissions. I observe that prima facie the appellants appear to have a stronger case insofar as the question of the goods received and ins .....

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