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TMI Blog2016 (12) TMI 1617X X X X Extracts X X X X X X X X Extracts X X X X ..... i P.K. Choudhary Briefly stated the facts of the case are that the assessee M/s. BOC India Ltd. bought liquid Oxygen under the cover of Central Excise invoice and availed MODVAT Credit. They stored the liquid Oxygen in a common tank where the bought out item and manufactured liquid Oxygen were stored and used in the manufacture of compressed Oxygen and medicinal Oxygen. The final product was part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vat Credit as proposed in the Show Cause Notice should have been confirmed besides imposition of penalty. 2. Shri N.K. Kothari, C.A. appeared on behalf of the assessee and Shri S.S. Chattopadhyay, Supdt.(A.R.) appeared on behalf of the Revenue. 3. Heard both sides and perused the appeal records. 4. I find that the ld. Commissioner passed the de novo Adjudication Order in terms of the Order No.A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et aside the impugned order and remand the matter to the original authority for redetermining the duty amount which would be required to be reversed applying the principle of first-in first-out for the relevant period. The original authority shall give an adequate opportunity of hearing to the appellants before passing a fresh order and it will be open to the appellants to raise the grounds of tim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad not asked data to follow FIFO method for re-quantification of the demand. The ld. Counsel on behalf of the assessee drew the attention of the Bench to the various evidences such as letter dated 30.06.1986 and letter dated 21.07.1986. 7. I find that there is no clarity in the facts of the case as mentioned in the Adjudication Order and the evidences placed by the appellant. Hence, the matter sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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