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2013 (5) TMI 514

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..... ening balance of 1998-99, the opening stock of Sulphuric Acid is 3685.115 MTs. As explained by the appellant, this consists of 2844.445 MTs of the differential quantity for the year 1997-98 plus a balance of 840.710 MTs as shown in the RG.I account. Therefore, the closing balance in the 1997-98 and the opening balance in 1998-99 tallies. We agree with this submission of the appellant and take .....

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..... re also clearing Sulphuric Acid for export as well as for home consumption on payment of duty. During checking of the records, it was found by the Central Excise officers that during the year 1997-98, 19,162.767 MTs of Sulphuric Acid was shown cleared for captive consumption whereas in the balance sheet of 1997-98, it has been shown as 16318.322 MTs. Hence there was a difference of 2844.445 MTs of .....

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..... e figure is 19,162.767 MTs and Revenue is demanding duty on the differential quantity of 2844.445 MTs of Sulphuric Acid. He submits that in the year 1997-98, they had transferred 19,162.767 MTs of Sulphuric Acid to their fertilizer plant for manufacture of fertilizer out of which only 16,318.322 MTs was consumed in the manufacture of fertilizer and the balance of 2844.445 MTs which could not be co .....

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..... ce of 1998-99, the opening stock of Sulphuric Acid is 3685.115 MTs. As explained by the learned Advocate, this consists of 2844.445 MTs of the differential quantity for the year 1997-98 plus a balance of 840.710 MTs as shown in the RG.I account. Therefore, the closing balance in the 1997-98 and the opening balance in 1998-99 tallies. We agree with this submission of the appellant and take a view t .....

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