TMI Blog2013 (11) TMI 1289X X X X Extracts X X X X X X X X Extracts X X X X ..... l the disposal – Partial stay granted. - Appeal Nos. 56611-56621, 56687-56689/2013 - STAY ORDER NO.59296-59309/2013 - Dated:- 23-9-2013 - Mrs. Archana Wadhwa and Shri Manmohan, JJ. For the Appellant : Shri B.L. Narasimhan, Advocate For the Respondent : Shri S.K. Panda, Jt. CDR with Shri U.K. Srivastava, A.R. ORDER Per Archana Wadhwa: All the stay petitions are being disposed of by a common order as they arise out of the same impugned order passed by the Commissioner, Central Excise vide which duty of Rs. 23,34,20,556/- stands confirmed against M/s. Raghuveer Metal Industries (hereinafter referred as RMI) along with confirmation of interest and imposition of penalty of identical amount. In addition, penalties of varyin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtent of Rs. 16 crores (approximately) is based upon the computer retrieval documents indicating excess payment of royalty to Kamdhenu and consequent excess production, which stand cleared without reflecting in the statutory records. Learned Advocate has taken us to the said entries being maintained at the end of Kamdhenu and has submitted that the Revenue has wrongly read the said entries. Clarifying further, he submits that they were having a running account with Kamdhenu and were depositing varying amounts with them on account of royalty payment. The said amounts were being reflected as credit in the account of Kamdhenu. At the end of month, depending upon total production, royalty amounts were being calculated and the same were being de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hout any indication of actual transportation of the material. Elaborating further, he submits that the same reflects upon, if at all, the booking of the truck and do not relate to the actual transportation of the goods. He further submits that Revenues entire case is based upon such rough entries in booking register of the transporter without there being any other corroborative evidence. 4.2 Learned Advocate also submits that they have also deposited an amount of Rs. 2.13 crores during the course of investigation and there was further seizure of around 89 lakhs, which stands absolutely confiscated by the Commissioner. He submits that there is no justification for confiscation of Indian currency and as such the same should be treated as d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . even though the agreed upon rate in the deed of agreement was Rs. 150/- per M.T. At this point learned Advocate clarifies that the royalty payment is not @ Rs. 100/- per M.T. but the same is @ Rs. 150/- M.T. As regards the transporter s entry, learned D.R. submits that the said entries include the legal clearances as well as illegal clearances. They have compared the entries made in the said Register with the entries made by the appellant in their statutory records and have confirmed the demand only in respect of those entries which are not part of the appellant s statutory records. The fact that the some of the entries made by the appellant in their statutory record tally with the transporter s booking register entries, is itself reflect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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