Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2004 (4) TMI 395

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... : C.N.B. Nair, Member (T)]. The appellant is a processor of fabrics. The goods produced by it became liable to duty at compounded rate w.e.f. 16-12-1998. Thus, whatever was the manufactured stock available on 15-12-1998 was required to be cleared on payment of duty according to the normal procedure, i.e. on ad valorem basis. The appellant treated a stock of 1,19,449.10 Linear meters as the o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... corded, was verified by the Central Excise officer on 15-12-1998. Learned Counsel pointed out that, under Column 16 which covers closing balance in the bonded store room, the quantity entered and verified by the officer (by rounding) was 1,19.449.10 L. Meters and submitted that this was the quantity of finished goods as verified by the officer. Learned Counsel also pointed out that in respect of t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... for the subsequent dates also and explained that the outstanding loose stock of 6,47,801.45 L. Meters had been treated as opening balance of the next date (16-12-1998). He submitted that that stock along with fresh issue from Form-IV register (raw materials) was being carried forward for further processing and sale. Learned Counsel submitted that the correct position was explained by the appella .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... G-1 register also by the officer. In these circumstances, we are of the opinion that the stock of manufactured goods on 15-12-1998 was required to be accepted as 1,19,449.10 L. Meters only. The claim for duty in respect of additional stock of 6,47,801.45 L. Meters of fabric in loose condition does not seem to be justified for other reason also, because this is the stock subsequently carried forwar .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates