9911796707
TMI Blog2013 (11) TMI 1212X X X X Extracts X X X X X X X X Extracts X X X X ..... not having any machinery for their manufacture - the yield of finished products to the extent of 55% of the total inputs consumed - the duty has been demanded as the same was not reflected in the ER-I Returns filed by the applicants - the applicant had not determined the value correctly in case of their stock transfer of the goods - The applicants have not been able to make a case of full waiver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cers on 5/5/2008 conducted a joint stock verification in the factory premises of M/s. Aarem Chemicals Pvt. Ltd. Kolkata and detected a shortage of 97950 kgs. of resin, strong Bond P-101G . It was also noticed that the applicant had stored 1,55,050 Kgs. of strong Bond P-101G i.e urea formaldehyde resin powder in 6202 bags, on which name of the manufacturer was printed as M/s. Allied Resins Chemi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... production for the period December, 2007 to April, 2008 considering that 55% liquid resin is required to manufacture resin powder of various grades. The impugned production were not reflected in ER-I Return filed by the applicants. The Ld. A.R. further submitted that the duty of Rs.1,50,540/- had not been paid relating to undervaluation of stock transferred goods. 4. We have heard the Ld. A.R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ured by the applicant in as much as M/s. Allied Resins were not having any machinery for their manufacture. We find that Shri A.K. Bohra, the authorized representative of the applicant company had categorically admitted that M/s. Allied Resins and Chemicals Ltd. had no plant and machinery for manufacture of urea formaldehyde Resin Powder. This fact was reiterated by Shri Ashim Kr. Das, General Man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation under Section 35F of the Central Excise Act, 1944 and in view of the decisions of the Hon ble Apex Court and various Hon ble High Courts and also in the interest of Revenue, we direct the applicant No. (1) i.e. M/s. Aarem Chemicals Pvt. Ltd. to pay 50% (Fifty per cent) of the duty within Eight weeks from the communication of the order. On deposit of the said amount, the balance dues adjudge ..... X X X X Extracts X X X X X X X X Extracts X X X X
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