2014 (3) TMI 552

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... his proceeding, five stay petitions filed in five different appeals are being considered. Out of these five appeals, M/s. KSG Castings & products is a manufacturer of 'CI Rough and Machine castings and SG Iron castings for which they used raw materials like MS scrap, CI scrap, Pig iron, RR cuttings, CI borings etc. 2. After investigation, Revenue made out a case against the first applicant that t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... for to the four applicants mentioned above and a fifth applicant Shri K.G. Ramesh, who was the Managing Partner of the first appellant. 4. The counsel for the applicants submit that they have obtained the goods under cover of proper documents showing payment of excise duty and there is no dispute that they have received the raw material and the invoices. The department itself took two years of i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... aise any contention regarding the facts of the case. 6. Opposing the prayer, the learned AR for Revenue submits that during the investigation, it has come out very clearly that the goods dispatched by the dealers to the manufactures was actually scrap obtained from bazar on which no duty has been paid. He also points out that during the investigation stage statements of Shri P. Prakash, authorize .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... eets, coils, wires etc., should go for melting in such large quantities. No convincing explanation has been forthcoming from the appellant for such strange practice. If such goods are scrap the normal course of events is that the manufacturer of the goods himself re-melts the goods rather than selling it to a dealer who sells it to some other manufacturer for melting. In such circumstances, there .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... date of receipt of this order. In the case of Managing Partner, I waive the requirement of pre-deposit of penalty for admission of his appeal. 9. Subject to such pre-deposit, the remaining dues arising from the impugned order from the present applicants in this proceeding shall be waived and recovery thereof stayed during the pendency of the appeal. 10. Compliance with this order is to be report .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X