2011 (3) TMI 60

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... for the appellants.   Mrs. Sudha Koka, SDR for the revenue.   Per Shri M. V. Ravindran (Oral)   These stay petitions are filed for pre-deposit of the following amounts.   (i) Demand of Cenvat Credit of Rs.37,65,678/- along with interest   (ii) Equal penalty under Section 11AC   (iii) Personal penalty of Rs.5,00,000/- on Shri K. Ramesh.   2. Heard both sid .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... its that the appellant had before him led detailed evidences challenging the findings of the Adjudicating Authority. It is his submission that learned Commissioner (A) has not given any findings on the said evidences which were produced before him. He would also submit that the said findings are recorded in paragraph 6. He would submit that as against the demand of Rs.37.65 lakhs, the appellants h .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ara 24 to 28 of the impugned order on various arguments of the appellants including the volumes of paper books submitted by the appellants. In para 24 of the impugned order, there is categorical finding to the effect that statements from so many persons were recorded, which evidence made out a strong case against the appellants by establishing that the imported scrap was never received in the fact .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... under the proviso to Section 11A (1) and imposing the penalties. Impugned order is a well reasoned speaking order and I do not interfere with the order passed. I pass the following order. ORDER The impugned order is upheld and the appeal is dismissed.   It can be seen from the above reproduced findings that the learned Commissioner (A) has not recorded any reasons for coming to such a conc .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he case, keeping all the issues open, we remand the matter back to the learned Commissioner (A) to reconsider the issue afresh by following principles of natural justice and dispose of the matter within three months from the date of production of this order. The stay applications and appeals are disposed of by way of remand.   (Pronounced and dictated in open Court)  
Case laws .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X