TMI Blog2012 (4) TMI 364X X X X Extracts X X X X X X X X Extracts X X X X ..... .20.75 lakhs during the investigation - considering the amount deposited by the appellant as enough deposit waiver to pre-deposit of balance - AO arrived at the shortage of MS/SS coils has considered the shortages of stainless steel coils only - AO has not considered the quantity of 17,100 kgs of SS coils which was an issue in another litigation and has attained finality and hence that quantity sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eir factory premises clandestinely without utilizing the same for the purpose of manufacture of their final product. 3. After hearing both sides for some time on the Stay Petitions, wherein the ld.Counsel submits that out of the demand of approx. Rs.55.90 lakhs, the appellant has already deposited an amount of Rs.20.75 lakhs during the investigation and the same stand appropriated. It is his s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Notice was issued for confiscation of the stainless steel coils, found lying outside the premises to the tune of 17,100 kgs, which was a matter of another proceeding and the same stand concluded by the Tribunal s order dt.4.1.2010. It is his submission that this quantity is also not considered by adjudicating authority for reduction from the so-called unaccounted clearances of the stainless steel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant had procured MS/SS coils and was using the same for manufacturing activity. If that be so, there cannot be a shortage of only SS coils. On perusal of the statement at Page No.87 of the Appeal Memorandum, we find that the assessee has tried to reconcile and gave some explanation to both types of inputs i.e. MS/SS coils. If the appellant s counsel s contention that the details have been w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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