1996 (10) TMI 309

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..... DR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. Both the appeals were taken up for hearing with the consent of both sides, after granting waiver of pre-deposit. 2. The issue involved in these appeals is, whether loss to the extent 10%, which the appellant claims occurs during the process of making forgings is admissible. In his order, the Commissioner has noted that th .....

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..... , says that this quantity has been used in the manufacture of forging and duty as such is payable. While lack of maintenance of proper records by the assessee may be separate point for proceeding investigation, that itself cannot be agitated removal without payment of duty. We noted that the Commissioner s order is not a speaking order. This issue is covered by the decision in the case of Collecto .....

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