TMI Blog2015 (10) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... rs did not visit the premises of HEC which would have finally settled the issues. When Shri Jayarama Reddy retracted his statement, the officers could have visited the premises which also was not done. The claim made by HPCEL that conveyance charges and labour charges mentioned in the Profit & Loss Accounts are actually related to electricity and manpower has not been verified and discussed. The original authority could have asked for details of persons employed and actual consumption of electricity and could have verified whether electricity consumption and manpower / employees were sufficient or not for the production shown by HEC. This also has not been done. The fact that there was another statement of one Shri Krishna Reddy who was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s conclusion is based on the statement of Shri Jayarama Reddy who admitted that HEC was a trading firm and therefore, entire clearance was shown in the name of HPCEL. Proceedings were initiated against HPCEL and after two rounds of litigation, the matter is again before this Tribunal. 2. This time Revenue is aggrieved on the ground that the Commissioner (Appeals) failed to take note of the fact that the HEC has not incurred any expenditure on electricity and manpower and further, the Commissioner (Appeals) has simply ignored the statement of Shri Jayarama Reddy wherein he had agreed that HEC is only a trading firm. It was also observed in the 'Grounds of Appeal' that it is not a case of clubbing as observed by the Commissioner (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... electrical control panels. No evidence has been got verified to show that there is no machinery in the premises of HEC. 6. I have considered the submission made by both the sides, gone through the records and evidence available on records. First of all, I find that the investigating officers did not visit the premises of HEC which would have finally settled the issues. When Shri Jayarama Reddy retracted his statement, the officers could have visited the premises which also was not done. The claim made by HPCEL that conveyance charges and labour charges mentioned in the Profit Loss Accounts are actually related to electricity and manpower has not been verified and discussed. The original authority could have asked for details of person ..... X X X X Extracts X X X X X X X X Extracts X X X X
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