TMI Blog2006 (2) TMI 195X X X X Extracts X X X X X X X X Extracts X X X X ..... t. The Appellant has sought to raise the following two questions of law - 1. "Whether in the facts and circumstances of the case and in law the Hon'ble CESTAT erred in holding that : (i) despite the admitted non-compliance of the prescribed procedure Rule 57F (4) by the Respondents herein, the burden to prove that such non-compliance could result in any wrongful gain to the Assessee who claimed M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ived in the factory did not emanate from the duty paid coils and in paragraph-11, the Tribunal has observed that the Department did not establish that the sheets found in the Appellants premises were made out of non-duty paid coils. The weight of the coils on which duty is paid tallies with the weight of the sheets on which credit was taken. It shows that there is a broad co-relation between the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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