4.3 As held by the Honble Supreme Court in the case of Commissioner of Central Excise, Mumbai Vs. M/s. Kalvert Foods India Pvt.(supra) statements, recorded by Central Excise officer can be relied upon. As far as first appellant and its partner are concerned, statements have never been ever retracted.
(f) Galaxy Indo Fab. Ltd. Vs. Commissioner of Central Excise, Lucknow[2010 (258) ELT 254(Tri.Del)]
It was also emphasized that appellant No. 3 has retracted the statement therefore retracted statement cannot be relied upon.