TMI Blog2010 (9) TMI 1042X X X X Extracts X X X X X X X X Extracts X X X X ..... R, for the Respondent. ORDER Heard the learned Advocate for the appellants and DR for the respondent. 2. The benefit of Notification Nos. 5/99-C.E., dated 28-2-1999, 6/2000-C.E., dated 1-3-2000, 3/2001-C.E., dated 1-3-2001 and 6/2002-C.E., dated 1-3-2003 is sought to be denied to the appellants on the ground that the product manufactured by the appellants does not contain 25% by weight ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the opinion submitted by Shri Badri Prasad it was stated that there was no direct method of chemical analysis to find out the quantity of fly ash/phosphogypsum in the manufacture of the asbestos product. In other words, the report prepared by the department in relation to the components of the product manufactured by the appellants neither supported the case against the assessee nor established th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the exact percentage cannot be ascertained. It is true that there is an allegation on the part of the department against the appellants that no such product was at all procured from the suppliers named by the appellants. However, the records in the form of invoices clearly disclosed the registration nos. of the transporters of such product and investigation did not disclose whether there was a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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