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2022 (7) TMI 975 - AT - Central ExciseClandestine procurement of raw-material, production and clearance of MS ingots and TMT Bars, flats, etc. - demand of duty and penalty on the basis of third party records - HELD THAT:- On the basis of incriminating documents seized from the premises of M/s Pankaj Ispat Ltd. and also as per the statement of its Director, Mr. Pankaj Agarwal, revenue segregated the entries relating to this appellant as per private records of Pankaj Ispat, as mentioned in the Annexure A1 & A2 to the Show Cause Notice, wherein it appeared that this appellant had purchased rejected moulds from M/s PIL and have also sold Ingots, without accounting for the same in their records regarding purchase, sales, production etc., they have also sold ingots. The statement of Manager of appellant Mr. V.N. Mishra was recorded during investigation, who inter alia stated that he looks after the work relating to sales, accounting etc. during 2010-11 and 2011- 12 and also purchased/rejected moulds from PIL. It is further evident from the Show Cause Notice that neither M/s Pankaj Ispat Ltd. nor its director, Mr. Pankaj Agarwal has been made co-noticee. Thus, it is found that the show cause notice is bad for non joinder of necessary party. Appeal allowed - decided in favor of appellant.
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