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TMI Blog2017 (3) TMI 1405X X X X Extracts X X X X X X X X Extracts X X X X ..... atwani, Authorised Representative ORDER Per Dr. D. M. Misra Heard both sides. 2. These three appeals are filed against OIA Numbers 22-24/2009-AHD-II-CE/ID/COMMR-A-/AHD dated 22/01/2009 and 22-24/2009-AHD-II-CE/ID/COMMR-A-/AHD dated 03/02/2009 passed by the Commissioner (Appeals) of Central Excise, Ahmedabad-II. 3. Briefly stated the facts of the case are that the appellants are engaged in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellants filed appeals before the Ld. Commissioner (Appeals), who inturn, rejected their appeals. Hence, the present appeals. 4. Ld. Advocate for the appellant submits that the amount of Rs. 1,63,28,010/- has been reduced from the profit & loss account in the balance sheet for the year 2002-2003 as reflected at schedule 8 to the said balance sheet. It is his contention that the amount reduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary evidence produced. It is his further contention that even in the statements recorded during the course of investigation the chartered accountant Shri Naimish K Shah as well as their Director Shri Mihir Choksi reiterated the said facts. It is his plea that in absence of any contrary evidence the chartered accountant s certificate should be accepted. 5. Ld. AR for the Revenue reiterated the fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rheads, Depreciation, interest etc. valued at Rs. 104.49 Lacs. These expenditures related to reseach and development charges over a period of time. Later, the Chartered Account, who happens to be their statutory auditor also, submitted certificate in this regard. It is also not indispute that the appellant had reversed CENVAT credit of Rs. 9,40,493/- in November 2004 on the raw material valu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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