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TMI Blog2018 (2) TMI 1106X X X X Extracts X X X X X X X X Extracts X X X X ..... ri M.P. Joshi, Advocate for Appellant Shri Sanjay Hasija (A.R) for respondent These Appeals has been filed against Order-in-Appeal dt. 26.02.2014. In terms of the said order a demand of Rs. 2,72,321/- and penalty of equal amount has been confirmed against M/s Yash Industries. Penalties were also upheld on M/s Shreeji Aluminium, its Director Shri Paresh B. Patel and transporter M/s B. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mand alongwith penalty against M/s Yash Industries. He also imposed penalties upon M/s Shreeji Aluminium and its Director Shri Paresh B. Patel and transporter M/s B.S. Patel Roadways all the Appellants. The Adjudication order was upheld by the Commissioner (Appeals) and hence the present Appeals. 3. Shri Anil Balani and Shri M.P. Joshi, ld. counsel for the appellant submits that M/s Y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he demand cannot be confirmed. 4. Shri Sanjay Hasija, ld. Superintendent (AR) appearing on behalf of the revenue reiterates the findings of the impugned order. He submits that the impugned invoice was of hollow profiles which were recorded as scrap in Raw material records of M/s Yash Industries. That no GRN or gate entry register was showing receipt of profiles. Profiles cannot be used for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earing in gate register or no GRN was prepared by M/s Yash Industries, credit cannot be denied. It is not disputed that M/s Yash Industries are regularly purchasing rejected profile from M/s Shreeji and are using the same as raw material. The goods stands recorded in raw material account of the consignee and the payment towards purchase was made through banks. There is no flow back of consideratio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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