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2014 (7) TMI 527 - AT - Central ExciseWaiver of pre-deposit - Clandestine removal - yield ratio / burning loss - manufacturer of MS Ingots, MS Riser/Runner and Re-rolling products - Suppression of the production - Held that:- raw material suppliers have not issued any test report indicating the grade of Sponge Iron supplied - in a statement, Shri Arif Ali, Manager of the Company categorically stated that the entire data, subsequent to the period, December, 2008, was incorrect. - This shows that the entire records were manipulated. - Further, Applicant has been maintaining the records, consistently showing the fixed ratio of production of MS Ingots as 72.8% during the period, 2007-08, irrespective of the ratio of the consumption of MS Scrap and the Sponge Iron, which cannot be the same, as variation is bound to happen - no specific reasons produced for low yield in case of the Applicant have been cited, except that raw materials obtained were of low yield. Applicant has not been able to make out a case for full waiver of the dues adjudged. - appellant directed to make 25% as pre-deposit - stay granted partly.
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