9911796707
TMI Blog2010 (7) TMI 865X X X X Extracts X X X X X X X X Extracts X X X X ..... filed this Appeal against the impugned order whereby the credit of Rs. 18,58,227.51 (Rupees Eighteen Lakhs Fifty Eight Thousand Two Hundred and Twenty Seven and Fifty One paisa only) was disallowed on the ground that the goods on which credit has been availed are not capital goods and penalty of Rs. 1,00,000/- (Rupees One Lakh only) was imposed. 3. The contention of Appellant is that in the pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as issued on 7-6-1995 for denial of credit in respect of capital goods. Appellant filed a reply on 4-8-1995 and thereafter the personal hearing was fixed on 31-3-2005 i.e. after 10 years. In the adjudication order there is no reason mentioned regarding inordinate delay in granting the personal hearing. Further we find that Appellants were heard on 31-3-2005 whereas the order was passed on 26-12-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to appear before the adjudicating authority on 30-8-2010 and thereafter the adjudicating authority will fix the date of hearing. Both the sides are at liberty to produce evidence in support of their claim before the adjudicating authority and thereafter the adjudicating authority will decide within a period of 3(three) months. (Pronounced and dictated in the open court) - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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