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TMI Blog1999 (2) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... ay application but was taken up for final disposal with consent of both sides. 2. In a visit to the appellant s factory the officers noted excesses and shortages in the stock of finished products as well as raw materials. They also found certain instances where Modvat credit was wrongly availed on certain capital goods. A show-cause notice was issued dated 22-12-1997 seeking confiscation of exce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... documents. 5. As regards the confirmation of demand, before the Commissioner the appellants had made the plea that the officers had witnessed shortages as well as excesses in the final goods and that these should be set off against each other. The Commissioner considered the submissions and held that since the excesses and shortages did not belong to the same category of the goods he contended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after he examined the issue on merits also. He observed that whereas there was no specific provisions in the rules relating to credit on capital goods as regards the copy of the eligible documents, the provisions of taking credit on inputs would apply to the provisions of capital goods. This discussion seems to be inconclusive. As regards the other grounds on which the demand was raised in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ashokan supported the order in this respect stating that even if on the ground of limitation the demand does not sustain the assessees cannot be absolved of the contravention but would continue to be liable to penalty. Shri Nankani however relies upon the judgment of the Supreme Court in the case of CCE v. HMM Ltd., 1995 (76) E.L.T. 497 which lays down that where the demand is not sustained on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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