TMI Blog2014 (10) TMI 865X X X X Extracts X X X X X X X X Extracts X X X X ..... the absence of any evidence to show procurement of raw material, mode of transport of the raw material to the factory, transport documents, details of payment identity of buyers receipt of sales receipt from the buyers and the transporters of the final product, the entire case of the Revenue is based upon assumption and presumption. It was also held that Central Excise authorities have no jurisdi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed of by a common order as they arise out of same impugned order passed by Commissioner vide which he has confirmed demand of duty of ₹ 3,69,41,602/- (Rupees three crore sixty nine lakh forty one thousand six hundred and two only ) along with imposition of penalty of identical amount. In addition, penalties of varying amount stand imposed upon the other appellants in terms of Rule 26 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al years . Further scrutiny of the appellants balance sheet revealed that they were showing other income under the category of share trading and sales commission. The investigation conducted by the Revenue revealed that the share trading units, though registered with SEBI, no trade was being reported by them. From the above, Revenue entertained a view that the transaction shown as sales commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... MT of MS ingots and based upon the identical entries and excess income through other business and share trading and sales commission, proceedings were initiated against the said appellants M/s. R A Castings . Tribunal in their decision held that in the absence of any evidence to show procurement of raw material, mode of transport of the raw material to the factory, transport documents, details of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re is virtually no other evidence reflecting upon clandestine manufacture and clearance of the appellants product, we, by following the above decision, set aside the impugned orders and allow all the appeals with consequential relief to the appellants. 7. Though the appellants have referred to and relied upon various other decisions of the Tribunal, we do not deem it fit to refer to all those j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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