TMI Blog2017 (8) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... eda on the other hand stated that all the raw materials purchased by them had been duly accounted for in the records, no contrary evidence has been placed by the Revenue. The impugned order is modified to this extent of setting aside confirmation of duty of ₹ 1,02,382/- and penalty against the appellant M/s Vinayak Industries, and the appeal is partly allowed to that extent - appeal disposed off. - Central Excise Appeal No.13700, 13701 of 2013-SM - A/11511-11512/2017 - Dated:- 31-7-2017 - Dr. D.M. Misra, Member (Judicial) Shri P.V. Sheth, Advocate for the Appellants Shri Sameer Chitkara, A.R. for the Respondent-Revenue ORDER Per: Dr. D.M. Misra Heard both sides. These two appeals are filed against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er wire found in the vehicle cleared without payment of duty. However, they dispute confirmation of the demand of duty of ₹ 1,02,382/- on 1751.240 kgs. alleged to have been removed without payment of duty. It is his contention that during the course of panchnama dated 26/27.3.2012, approximately raw material of 26,880 kgs. was found against closing the stock of the raw material of 30,628.340 ks. The Revenue alleged that differential quantity between the book stock and the physical stock had been utilized in the manufacture of finished goods, which is equal to the quantity manufacture and cleared without payment of duty. He submitted that this stock of raw material was taken during the course of Panchnama on approximation basis and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out of the shortage in stock of raw materials found in the factory premises. The Revenue has calculated that from the excess raw material of 3748.240 kgs. after deducting the admitted quantity of 1997.1 kgs. the remaining quantity must have been used in the manufacture of equal quantity of finished goods and cleared without payment of duty. Except the said presumption by the Revenue, no other evidence has been brought on record including the statement of the partner Shri Bharatkumar Kaluram Heda. The partner Shri Heda on the other hand stated that all the raw materials purchased by them had been duly accounted for in the records, no contrary evidence has been placed by the Revenue. In the result, confirmation of duty of ₹ 1,02,382/- i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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