2016 (4) TMI 19

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..... KUR This appeal has been filed by the appellant against Order-in-Original No. CCE/BBSR-I/41/2001 dated-20/12/2001 passed by the Commissioner of Central Excise & Customs, BBSR-I as adjudicating authority. Under this Order-in-original dated 20.12.2001, the adjudicating authority disallowed and confirmed MODVAT Credit of Rs. 22,24,046/- to the appellant under rule 57 I (2) of Central Excise Rules, 1 .....

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..... diverted by the appellant and accordingly, demand of CENVAT Credit and imposition of penalty has been correctly adjudicated against the appellant. Ld. A.R. strongly defended the order-in-original dated 20/12/2001 passed by the adjudicating authority. 4. Heard the Ld. A.R. appearing on behalf of the Revenue and perused the case records. The appellant is engaged in the manufacture of Aluminium and .....

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..... y two modes of transport. Since the Modvat credit was taken, it became incumbent for the appellants to explain any shortage or any discrepancy that may arise. 6.The contention of the appellants was that in both the cases, it was calcined alumina which was received and that as shown above when calcined alumina received as bagged or in BTAP wagons, it was the same product and therefore, the two mu .....

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..... ted for in the course of conducting the stock verification. 7.The stock verifiers report also indicated that the approval of various representatives of the assessee who were also associated with the Chartered Accountant was taken of the manner of verification. The stock verification was done in the presence of the custodian of the bagged calcined alumina, Internal Audit Department, Representati .....

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..... n; that verification was done in their presence and the method of verification was approved by them. No room is left for any doubt that there were shortage of bagged calcined alumina and we hold accordingly." 5. In view of the above settled proposition of law in the case of appellant itself, this appeal filed by the appellant is rejected. (Operative part of the order already pronounced in the Co .....

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