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2015 (8) TMI 389 - AT - Central ExciseClandestine removal of goods - Non accounting of goods in RG-1 register - Held that:- Quantity alleged to have cleared during a particular month based on certain seized documents may not have been manufactured during that month and therefore for the purpose determining power consumption for production of one MT TMT bar/MS bar, this quantity cannot be treated as the quantity produced during that month. Moreover, neither any experiment has been conducted for ascertaining the actual power consumption nor there is any evidence of unaccounted purchase of MS scrap or evidence of clandestine clearance of the finished goods. The only evidence of clandestine clearance of finished goods is in the form of seized documents including computer printouts and shortage of finished goods and duty involved in respect of demand ₹ 1,40,93,563/- based on the same has already been paid. Out of total duty demand of ₹ 11,36,37,891/- while duty demand of ₹ 1,40,93,563/- appears to be sustainable, the balance duty demand ₹ 9,89,44,328/- does not appear to be sustainable. Accordingly, we hold that the amount of ₹ 1,40,93,563/- already paid by the appellant is sufficient for hearing of these appeals. Hence the requirement of pre-deposit of balance amount of duty, interest and penalty by the appellant company and the requirement of pre-deposit of penalty by the other appellants is waived for hearing of their appeals and recovery thereof is stayed - Stay granted.
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