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2010 (12) TMI 170 - CESTAT, BANGALOREDemand - Learned Counsel appearing on behalf of the appellants would submit that demand of duty on the ground of alleged manufacture and clandestine removal, is not sustainable as the alleged manufacturing of veneer based upon unaccounted timber logs is incorrect - The learned departmental representative on the other hand would submit that M/s. Bothra Shipping Services themselves imported consignment of wooden logs and before arrival of ships they sold logs on high sea sales to M/s. Rekung Timber Traders and Century Panels, etc - the impugned order confirming demand on both the appellants, of the duty liability arising out of manufacture and clearance of the veneers from the logs which were unaccounted, seems to be without any evidence and is on presumptions and assumptions and hence, is liable to be set aside Clubbing of clearances - Whenever there is any inter factory transfer, the financial transaction is taking place through books - it is seen that factually they are separate large manufacturing concerns and they have been purchasing their raw materials separately and Maxworth is also trading the raw materials on its own - Similarly, separate books of accounts have been maintained and each one of them have transactions with banks and other concerned authorities - Thus factually, they are not the units on papers only. Adjudicating Authority has adjusted the entire amount of cash which was recovered from the assessee was adjusted against the demand as has been confirmed by him. Subject to the adjustment of the amount which has been confirmed by us and the interest and penalty from the amount seized, the balance amount which is in the hands of the revenue needs to be returned back to the appellant.
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