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2015 (5) TMI 568 - AT - Central ExciseWaiver of pre deposit - Clandestine manufacture and removal of goods - captive consumption - Held that:- Investigation established that there were serious irregularities in the entries on records maintained at the plant site and excise wing of the appellant proving falsified recording of entries in the central excise records. Production figures appearing in the plant records did not tally with the statutory records maintained under Central Excise Act 1944. Lower quantities of production were recorded in the excise records to discharge small amount of duty liability and evade to the extent of duty stated herein before. Even plant operation days and all technical reports were suppressed. The appellant failed to satisfy to the authority below that its entries in the excise records were correct. Genuinity of sale of iron ore at the railway sliding was failed to be proved before learned adjudicating authority which proved un-accounting of receipt of iron ore at the plant site. Such act of the appellant paved the way to scientifically fabricate all other records to show production of lower quantity of blooms, billets and ingots compared to higher quantity thereof manufactured. Entire plea of appellant as to sale of iron ore, arise of fines etc was proved to be false. The material fact, outcome of investigation, gravity of allegation and strength of evidence on record prima facie show that interest of revenue has been prejudiced by the appellant causing loss to it to the extent aforesaid. This calls for predeposit to work out an interim modality since balance of convenience tilts in favour of Revenue and without pre-deposit order; irreparable injury may be sustained by Revenue - keeping in view prejudice caused to Revenue, Appellant is directed to deposit ₹ 12 crores within four weeks of receipt of this order and make compliance - Partial stay granted.
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