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1997 (3) TMI 262

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..... [Order]. The above appeals arise out of a common order passed by the Collector of Central Excise (Appeals), Chandigarh and are being heard together and disposed of by this common order. 2. The facts of the case in brief are that the appellants are engaged in the manufacture of coated and uncoated steel wires falling under sub-heading No. 7217.90 of the Schedule to the Central Excise Ta .....

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..... h of December, 1992, it was noticed that the appellants had taken Modvat credit of Rs. 56, 515. 40 on 61. 400 MT of steel wire rods received under 5 GPIs issued by M/s. Modi Steels in the name of M/s. Modi Industries Ltd. (Steel Section), Chandigarh stock yard with further endorsement in favour of the appellants without payment of Central Excise duty. On the face of 5 GPIs, M/s. Modi Steels had ma .....

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..... nt Collector adjudicated the matter and confirmed the demands. The Collector (Appeals) upheld the orders of the Assistant Collector on the ground that the goods sent back could not be co-related with the goods sent out for re-conditioning etc. by the appellants and in the absence of co-relation, there was nothing to indicate that the goods which came back were the very same ones which had gone out .....

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..... under which the goods had come to the appellants. He therefore, submits that co-relation has been established by the appellants and therefore, credit should not have been denied to them for this reason. 6. The learned DR Shri Sethi reiterates the findings of the lower authorities. 7. On a consideration of submissions of both the sides and having regard to the relevant documents, for example, .....

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