9911796707
TMI Blog2007 (9) TMI 613X X X X Extracts X X X X X X X X Extracts X X X X ..... against the Order-in-Original No. 03/CEX/2000, dated 14-2-2000 vide which the adjudicating authority has set aside the demand of the duty of ₹ 27,91,555/-. 2. The respondent is absent despite notice. Since the issue is of 2001, we take up the appeal for disposal in the absence of any representation from the respondents. 3. The issue involved in this case is regarding denial of Modvat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e not sustainable and the remand to this extent cannot be confirmed . The adjudicating authority on the above findings set aside the demand raised on the respondent for the amount. The revenue is in appeal against such setting aside of the demand. 4. The ld. DR took us through the entire show cause notice and also through Annexure B-3 to the said show cause notice. It is his contention tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... denied on the ground that the thickness of the tin plates is not mentioned. There were various allegations against the appellant and confirmation of the duty in respect of another allegations regarding credit availed on tin plates having thickness ranging between 0.24 mm to 0.45 mm and thinner. The adjudicating authority in the very same order-in-original had held that the appellant could not have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be of thickness in excess of 0.24 mm. We, therefore, set aside this demand as unsustainable . It can be seen from the above reproduced order of the Tribunal, that the credit of the duty, as plates having thickness of 0.30 mm and thinner 0.45 mm and thinner, were available to the assessee. In the current appeal by the Revenue before us, the case of the assessee is on a stronger footing. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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