TMI Blog2017 (11) TMI 1096X X X X Extracts X X X X X X X X Extracts X X X X ..... estine clearance of finished goods, may not arise - appeal allowed - decided in favor of appellant. - E/51764-51765/2016-SM - A/57550-57551/2017-SM[BR] - Dated:- 1-11-2017 - Mr. M.V. Ravindran, Member (Judicial) Shri Manish Saharan, Advocate - for the appellant Ms. Kanu Verma Kumar, D.R. - for the respondent ORDER Per: M.V. Ravindran These two appeals are directed against the Order-in-Appeal No.428 426/15-16 dated 18.3.2016. 2. Heard both the sides and perused the records. 3. On perusal of records, it transpires that the main appellant M/s J.S. Forge Pvt. Ltd. was issued a show cause notice for demand of Central Excise duty on clandestine clearances of finished goods i.e. M.S. ingots. The said alle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owing conclusion: 7. The point for decision is sustainability of demand of duty on the finished products based on the evidence put forth by the Revenue in the proceedings before the lower authorities. The case originated with the investigation conducted by the officers against M/s. Indian Steel and Power Pvt. Ltd., manufacturer of Sponge Iron. Based on the certain ledger accounts maintained in the pen drive and the statement confirming the contents of the pen drive given by the Director of the said company, further statements were recorded at the appellant s end. On admission by the appellants regarding receipt and further manufacture of unaccounted excisable products, the investigation stopped. There was no further inquiry or verifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld have deemed to have discharged its burden if it adduces only so much evidence, circumstantial or direct, as is sufficient, to raise a presumption in its favour with regard to existence of the fact sought to be proved. As mentioned earlier in the present case, inquiries started with the manufacture of sponge iron and certain private records were recovered from the pen drive, statements of the manufacturer recorded regarding various unaccounted clearances. These are third party s records and evidence, which require corroboration. In the present case, the corroboration said to have been made is the admission statement of the appellant/assessees. Revenue stopped investigation on recording statement. No further verification or evidence was so ..... X X X X Extracts X X X X X X X X Extracts X X X X
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