TMI Blog2017 (10) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... posed? - Held that: - the said raw materials were procured from the open market and accordingly, CENVAT credit was not availed being not accompanied with duty paid excise invoices - There is no evidence brought on record by the Revenue that these raw materials had been procured to be used in the manufacture of finished goods later to be cleared without payment of duty. In these circumstances, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f raw material, namely, Polyester Chips weighing 11,701 Kgs valuedat ₹ 5,26,525/-. Later the Show Cause Notice was issued proposing confiscation of the said excess raw material found in the factory with penalty. On adjudication, the excess raw material was confiscated with an option to redeem the same on payment of fine of ₹ 80,000/- and penalty of ₹ 50,000/-; personal penalty of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is his contention that there is no admission on the part of the Director in his statement that the said goods were procured illicitly for its use in the manufacture of finished goods liable to be cleared without payment of duty. Therefore, the excess raw material which are not cenvatable being received without duty paying excise invoices, but against commercial invoices, and the payments were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated that the said raw material had been received without duty paid excise invoices being purchased from the open market. There is no evidence brought on record by the Revenue that these raw materials had been procured to be used in the manufacture of finished goods later to be cleared without payment of duty. In these circumstances, therefore, confiscation of the excess goods found in the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X
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