2017 (3) TMI 1498

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..... e facts of the case are that on specific information on 18.12.2007, the premises of one of the respondent M/s.Vee Kay Iron & Steel Traders were searched. During the course of search, one black bag containing loose papers in the form of weighement slips was recovered from an almirah lying in the premises. These weighment slips were serially numbered. Besides this, incriminating documents, one slip pad, 5 note pads, 2 writing pads, loose sheets, cheque books were also recovered. These loose slips showing description of the goods, weighment details, vehicle numbers etc. These incriminating records were resumed. On the basis of these documents, further matter was investigated. The statements of Shri Atul Gupta, the Director of the respondent an .....

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..... nufacturers. Therefore, these loose slips are reliable documents. It is further submitted that loose slips which are corresponding with the invoices issued by M/s. Vee Kay Concast Pvt.Ltd. were admitted and remaining were denied. In fact loose slips recovered containing in the black bag are admissible in-toto, therefore, the impugned order is to be set aside. 4. On the other various learned Counsels appeared on behalf of the respondents submitted that in this case, M/s. Vee Kay Concast Pvt.Ltd., has admitted loose slips recovered in the possession of Shri M.K.Gupta, a third party and Shri M.K.Gupta was not investigated with regard to these loose slips. Further, no investigation was conducted at the Dharamkanda owner as well as transporter .....

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..... how much quantity have been received for weighment. 7. In the absence of above elements, the charge of clandestine manufacture and removal of the goods is not sustainable in the eyes of law. The Revenue has not taken pain to investigate Dharamkanda owners or transporters to establish whether the goods have been weighed or transported. In the absence of any cogent evidence, particularly the buyers of the goods denied the receipt of the goods, the demand against the respondent namely, M/s.Vee Kay Concast Pvt.Ltd. is not sustainable, therefore, benefit doubt goes in favour of the respondents accordingly, the corresponding penalties imposed on the respondents are not sustainable. 8. In view of above observations, I do not find any infirmity .....

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