THIRD MEMBER ON REFERENCE : SHRI V.K. AGRAWAL, MEMBER (T) J.K. CORPORATION LTD. Vs. COMMR. OF C. EX. & CUS., BHUBANESWAR-I

JUDGEMENT

(1.) THESE three bunches of appeals are being disposed of by a common Order inasmuch as the impugned Orders are against the same main appellant firm, M/s. J.K. Corporation Ltd. and its employees, and the issue involved in all the three sets of appeals is identical.

(2.) THE details of the duties and penalties in each set of appeals are being given below : -

(3.) THE appellants, M/s. J.K. Corporation Ltd. are engaged in the manufacture of Polyester Staple Fibre and Polyester Filament Yarn. The various raw materials used in the manufacture of the said final product are Purified Terephthalic Acid (PTA), Mono Ethylene Glycol (MEG) and P.P. Chips. The demands of duties have been confirmed against the main appellant firm on the ground that the input -materials on which the appellant firm is availing the Modvat Credit, have not been utilised in the manufacture of the said final product to the extent indicated in the impugned Orders, though the statutory records showed their consumption. Accordingly, demands were confirmed and penalties were imposed upon the main appellant firm along with the imposition of personal penalties on the various other persons under the provisions of Rule 209A of the said Rules.