Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2010 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (9) TMI 563 - AT - Central ExciseWaiver of pre-deposit - Demand along with interest and penalty - The demand of duty is primarily based on the finding of clandestine manufacture and clearance of M.S. ingots by the assessee - This finding, is based on consumption of electricity in excess of certain limit reported by Professor of IIT, based on a technical study of the process of manufacture of M.S. ingots from raw materials such as scrap, sponge iron etc. There is no valid basis for the demand of duty, which is solely based on a “preponderance of probabilities” - No documentary evidence of production and removal of any unaccounted quantity of finished goods was found - No evidence of consumption of any specified quantity of raw material was found - No evidence was gathered from any buyers - Held that: the demand of duty based on probabilities cannot be sustained - The appellant has made out prima facie case for waiver and stay - Hence,the result be waiver of pre-deposit and stay of recovery in respect of duty and penalty amounts.
|