TMI Blog2016 (4) TMI 491X X X X Extracts X X X X X X X X Extracts X X X X ..... nd simultaneously confirm duty liability on the finished goods. The shortage of raw materials on which CENVAT Credit is proposed to be denied has to be considered as used in the manufacture of finished goods along with Bazar's scrap illicitly procured by the Respondent for the manufacture of finished goods which have been cleared clandestinely and on which duty demand was correctly confirmed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .FO/A/75259/2016 - Dated:- 7-4-2016 - Shri H. K. Thakur, Member ( Technical ) For the Petitioner : Shri A. K. Biswas, Supdt. (AR) For the Respondent : None ORDER Per Shri H. K. Thakur This Appeal has been filed by the Revenue against Order-in-Appeal No.10/HAL/07 dated 20.02.2007 passed by the Commissioner(Appeal-I) of Central Excise, Kolkata as First Appellate Authority. Un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is irregularly obtaining scrap from the market without the cover of Central Excise invoices. That a date wise production log sheet was also recovered from the premises which indicated clandestine manufacture of the finished goods to the tune of 694.812 MT of the finished goods during the period 01.02.2001 to 07.02.2001 involving Central Excise duty of ₹ 10,13,102/-. It was strongly argued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of invoices. There was excess production of the finished goods as per private records maintained by the Respondent which was confirmed by the Respondent during the course of investigation. The stock-taking reports and the initial statements given have not been retracted by the Respondent. At the same time there was a shortage of raw materials on which CENVAT Credit of ₹ 1,03,104/- has been p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Revenue is allowed to that extent. However, it is observed from the case records that 25% option of reduced penalty under Section 11AC has not been extended to the Appellant with respect to penalty of ₹ 10,13,102/-. The same is extended to the Appellant if the entire duty amount of ₹ 10,13,102/-, along with interest and reduced 25% penalty is paid within one month from the date ..... X X X X Extracts X X X X X X X X Extracts X X X X
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