9911796707
TMI Blog2000 (6) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... r]. As these two stay petitions have been filed against a common Order-in-Original dated 29-11-1999, they are taken up together for disposal. 2. The first applicant is M/s. Trishakti Alloys Pvt. Ltd. and the second applicant is Shri A.K. Kaushal, Authorised Representative of the first applicant. By the said Order-in-Original, the Modvat credit to the tune of Rs. 7,35,192 was disallowed and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning proper records in RG-23A Part I II and have been submitting RT-12 returns to the Revenue along with duty paying documents and copies of the RG-23A Part I II to the Central Excise authorities. The allegation against the appellant was that they availed Modvat credit in respect of the goods not received in the factory. According to him, this allegation is baseless because the documents recei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tered in their cash books for the relevant period. Ld. consultant argued that the statement of Shri A.K. Kaushal was not voluntary as it was obtained by duress. He further argued that Shri A.K. Kaushal has retracted the statement. He, therefore, pleaded that Shri Kaushal's statement should not be relied upon. Ld. Consultant admits that an amount of Rs. 7,00,000/- was deposited much before the adju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es attention to a confessional statement of Shri A.K. Kaushal wherein Shri Kaushal has admitted that the inputs were not received in the factory and the same was sold outright in the market. In the said statement, Shri Kaushal has admitted non-receipt of inputs in the factory and deposed that it was a mistake to avail the modvat credit in respect of such inputs. Shri Roy reiterates the reasoning o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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