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TMI Blog2014 (1) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... of them. 2. The Ld. Sr. Advocate Dr. Samir Chakraborty, for the applicants has submitted that the applicant no.1 had been extended the facility of consolidated debit of Central Excise Duty against clearances made during the day, instead of making debit against clearances of each consignment of goods during the day. As a matter of practice, the applicant prepared a statement, called 'Daily Recapitulation Statement', in which particulars of invoices issued for the day, were listed and from the said Recapitulation Statement so prepared, payment of duty for the whole day was made either debiting the PLA or Modvat Account, as the case may be. During the course of Audit of Central Excise records in the year 1997, it was noticed that the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er) on the other hand submitted that the adjudicating authority had considered the statement in detail and reduced the liability from Rs.45,91,24,705.76 to Rs.34,62,23,989.89. Therefore, it is incorrect to say that their explanation in the form of statement was not considered by the Ld. Adjudicating Authority. However, he has fairly conceded that while not accepting the explanation furnished in the statement relating to certain entries, the Appellant was not given an opportunity to explain their stand. 4. We have considered the rival submissions and perused the records. We find that the applicant no.1 has been engaged in the manufacturer of iron & steel products, in an integrated steel plant, and were accorded a facility of consolidated de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and concluded the short payment of duty of Rs.34.62 crores. We find that the issue involved is scrutiny of rival claims on the correctness of inclusion and/or exclusion of clearance documents/invoices in the recapitulation statement and consequent discharge of duty during the relevant period. In other words, it is a pure question of appreciation of facts and evidences, which could be possible only at the time of hearing of the appeal. For the present purpose, the offer made by the Ld. Advocate to deposit Rs.6.00 Crores (Rupees Six Crores), is accepted and accordingly we direct the applicant no.1 to deposit an amount of Rs.6.00 Crores (Rupees Six Crores) within a period of Four weeks from to-day and report compliance on 29th of April, 2013. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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