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2018 (8) TMI 167 - CESTAT NEW DELHIClandestine manufacture and removal - MS ingots - suppression of production - third party evidences - It is alleged that demand upon appellant has been confirmed after scrutinising the documents of M/s. Monu Steel, but without any cogent corroborative evidence in this respect - Held that:- From the initial demand of ₹ 13,40,77,925/- the major part thereof i.e. ₹ 11,94,97,832/- has already been dropped, relying upon the decision of Hon’ble Apex Court in the case of RA Castings Pvt. Ltd [2011 (1) TMI 1302 - SUPREME COURT OF INDIA] - the order under challenge is upheld. Penalty of ₹ 10,000/- - Held that:- Appellant herein is merely a consignment agent that too for providing the raw material to the manufacturer i.e. M/s Steel Abrasive Industries Ltd - The allegations of any clandestine removal of final products by M/s Steel Abrasive Industries Ltd. are opined to have no bearing upon the appellant unless and until there is a corroborative cogent evidence to support the allegation of providing the raw-material without discharging the liability - the same is missing on the record - penalty not warranted, Appeal allowed - decided in favor of appellant.
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