TMI Blog2017 (12) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... able - appeal allowed - decided in favor of assessee. - E/2273/2010-EX[SM] - A/71326/2017-SM[BR] - Dated:- 3-11-2017 - Mr. Anil Choudhary, Member (Judicial) Shri S.S. Dabas, Advocate for Appellant Shri Gyanendra Kumar Tripathi (AC) AR for Respondent ORDER Per: Anil Choudhary The issue in this appeal is whether show cause notice have been rightly issued on presumption ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g loss occurs and 14% wastage (scrap) is allowable as per agreement with M/s Alstom Ltd., Naini (now M/s Areva T D India Ltd.). But the scrutiny reveals that the 14% scrap is nowhere reflected, neither in Central Excise records nor in the financial records. The chart, Annexure A reveals that there is no corresponding production against the inputs 82.058 MT in the year 2003-04, 82.748 MT in the y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the duty on scrap was not paid. However, on knowing the fact they immediately deposited the duty amounting to ₹ 2,24,931/- thereon as per details given in their letter dated 11.12.2006. In support of payment of duties amounting to ₹ 2,24,931/-, they enclosed the copies of TR-6 No-8 dated 30.08.2006 and 7 dated 09.10.2006. In respect of payment of interest amounting to ₹ 41,134/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the appellant was required to show cause as to why an amount of ₹ 10,52,405/- + Cess ₹ 16,456/-totaling ₹ 10,68,861/- be not disallowed and recovered from them along with interest and further penalty was proposed. 4. The SCN was adjudicated on contest and the proposed demand confirmed with interest. Further penalty was imposed of equal amount under Section 11 AC read with Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X
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