TMI Blog2017 (7) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... n the manufactured goods only and not other activities. Therefore, in the absence of any evidence of excess manufactured goods, demand against the appellant is not sustainable - appeal allowed - decided in favor of appellant. - E/2347-2348/2011-DB - A/61229-61230/2017-EX[DB] - Dated:- 6-7-2017 - Mr. Ashok Jindal, Member (Judicial) And Mr. Devender Singh, Member (Technical) Shri Vikrant Kac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t summons were issued to the appellants and statements were recorded. On the basis of the statements, a show cause notice was issued to the appellants treating the income surrendered before the Income Tax department, as income of sale of goods manufactured by the appellant and consequently the demand of duty thereof along with interest was confirmed and penalties were imposed. 3. Ld. Counsel ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her hand Ld. AR reiterates the findings in the impugned order. 5. Heard both the sides and considered the submissions. We find that a similar issue has come up before this Tribunal in the case of Vardhman Chemtech Limited (supra) wherein the tribunal has observed as under:- 7. After hearing both the sides, we find that the short issue involved in the matter is that whether excise dut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t according the demand of duty along with interest is set aside. As demand of duty is not sustainable, the question of imposing penalty does not arise. 9. On considering the facts that this issue has already been decided by this Tribunal holding that duty is payable on manufacture of goods and no evidence has been produced by the Revenue to that extent, therefore, without manufacturing the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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