TMI Blog2015 (2) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... e officers were required to physically weigh the entire stock of the Sponge Iron & Scrap etc. which was to the tune of around 1491 MT. Commissioner (Appeals) has observed that during the entire span of 15 hours, the officers could have weight not more than 50-60 MT. As such, he has held that there is no evidence to show that actual physically verification was undertaken. He set aside the charge of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al. I have heard Ms. Suchitra Sharma, learned AR appearing for the Revenue and Shri Sanjeev Aggarwal, ld. C.A. for the respondent. 2. As per facts on record the respondent are engaged in the manufacture of M.S. Ingot. They were using M.S. Scrap, Sponge Iron, etc. as their raw material and were availing the benefit of Cenvat credit of duty paid on the said inputs. 3. Their factory premises wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated with an option to the appellant to redeem the same on payment of redemption fine to ₹ 2,00,000/-. 5. On appeal against the above order Commissioner (Appeals) upheld the confiscation but reduced the redemption fine to ₹ 1,00,000/-. As regard the shortages in the raw-material, he accepted the appellant stand that to weigh such a huge quantum of Sponge Iron, Scrap in a short span ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ages and the consequent confirmation of demand. 7. Apart from the fact that its not possible to [weigh] such a huge quantum of scrap, for which the revenue has neither produced the inventories nor any other evidence on record, I also note that apart from the alleged shortages, there is factually no evidence on record to show that the said short raw material was used by the appellant in the manu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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