TMI Blog2018 (5) TMI 1344X X X X Extracts X X X X X X X X Extracts X X X X ..... r, 2007 - Held that: - The question of MS scrap found in the factory is not disputed, therefore, the SCN were issued to the appellants on assumptions and presumptions without any corroborative evident on record - the proceedings against the appellants are not sustainable merely on suspicion - appeal allowed - decided in favor of appellant. - Appeal No.E/27-29/2011-Ex - A/62273-62275/2018-EX[DB] - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verification, 31 SS Ingots, 10 SS ingots still in moulds, SS scrap weighing 99 MT and MS scrap of one MT was lying in the factory. Therefore, on reasonable belief that the appellant was engaged in the production of SS ingots or purchase of SS scrap which was not recorded in their records, the proceedings were initiated against the appellant for the period January to November, 2007. Various stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on MS scrap and the demand of duty as proposed in the show cause notice was confirmed and various penalties were also imposed on them. Against the said order, the appellant have filed appeals before us. 3. Ld.Counsel for the appellants submits that in this case on the hand, the Commissioner (Appeals) has allowed cenvat credit on MS scrap and on the other hand the Commissioner (Appeals) has hel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... findings of the Commissioner (Appeals). 5. Heard the parties and considered the submissions. 6. We find that during the impugned period at the time of investigation, MS scrap was also found and furnace/machinery used for manufacture of MS ingots as well as SS ingots. The statements of buyers do not reflect that they have received only SS ingots. The case of the Revenue that they have cleared ..... X X X X Extracts X X X X X X X X Extracts X X X X
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