9911796707
TMI Blog2002 (11) TMI 695X X X X Extracts X X X X X X X X Extracts X X X X ..... This appeal, involving an amount of duty of Rs. 38,410/- and an amount of penalty of Rs. 3,000/-, arises for admission. There is also an application for waiver of pre-deposit and stay of recovery in respect of these amounts. On a careful examination of the records, I find that the appeal itself can be finally disposed of at this stage. Accordingly, I admit the appeal, allow the application fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey had, in fact, produced the required certificates before the Commissioner (Appeals) at the hearing stage but the documents were not considered by him. The learned Counsel points out that copies of the certificates are available on record. It appears from these documents that the Superintendent of Central Excise, Range IV, Mandi Gobindgarh had certified that M/s Dhiman Industries had paid Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al s final order No. A 718-722/2001, dated 27-8-2001 passed in a batch of appeals including two appeals filed by M/s. Dhiman Industries Ltd. Even after a close perusal of the cited final order and the Superintendent s certificates available on record, I am unable to make out any co-relation between the two. The learned Counsel, however, persists in his submission that the Commissioner s order refe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and. The Commissioner (Appeals) shall consider the Central Excise Range Superintendent s certificates relating to discharge of duty liability by M/s. Dhiman Industries for the relevant periods as also the final order No 718-722/2001, dated 27-8-2001 of this Tribunal and take a fresh decision on the question whether the deemed credit is admissible to the appellants or not. Needless to say that a re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
