TMI Blog2009 (3) TMI 663X X X X Extracts X X X X X X X X Extracts X X X X ..... ey were taking credit of duty paid on the same. These are procured from GAIL or from IPCL. The company and the connected premises were visited by the officers of DGCEI on 27-10-2004 and thereafter, certain private records have been recovered at the factory premises and at the Head office. 2.2 It came to light during investigation that huge quantity of materials have never been received and the applicant-company have taken Cenvat Credit and in certain cases, after receiving the materials and after taking credit, they had diverted and sold the same. One Shri Vivek Mishra of M/s. S.G. Sales Corporation, who was an agent for procuring granules from IPCL, was used for disposing these materials by way of diversion by the applicant-company. Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... private records are presumed to be different and distinct clearances and, therefore, the demand is exaggerated. Ld. Advocate also submits that the applicant-company is running on loss and he produced the Balance Sheet for the year ending 31-3-2008, according to which, they have incurred a loss of about Rs. 38 Lakhs. 4. Ld. DR assisted by Shri Sudhender Mukesh, Inspector took us to the relevant portion of the show cause notice and the findings on the basis of which the findings of diversion of the materials procured by them was arrived at. 5. We have carefully considered the submission from both sides. The evidences relied upon are in the form of private records which include slips, statements, files (containing quarterly reports recove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itten by Shri Rohit Kumar Asopa, Account Officer of RPL, in his own hand writing and also admitted that it pertains to the material sold through Vivek Mishra of S.G. Sales Corporation Gwalior. Shri Vivek Mishra also admitted the same when confronted in light of the revelation made by Shri Rohit Kumar Asopa. 24. I find that this case is based on the documents contained in the files seized from the office and factory premises of M/s. RPL and were marked as A/12, A/13, A/15, A/24 and A/29. It was also revealed from the documents recovered pertaining to the transporter that the materials purchased by the RPL from GAIL, Pata were not delivered to Malanpur but sold en-route at Delhi and as the transporter had raised bill for transportation up t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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