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2018 (7) TMI 840

he officers during the course of their visits Admittedly, there is no other evidence indicating procurement of raw materials, clandestine manufacture of the goods, their transportation or identification of the buyers etc., so as to lead to the inevitable conclusion of clandestine removal - It is well settled law that the allegations of clandestine removal, cannot be upheld merely on the basis of shortages in stock - demand set aside. - Penalty on the individuals - Held that:- Inasmuch as, there is no dispute about the fact of settlement of dispute by the main noticee M/s. Ashok Magnetics Pvt. Ltd., before the Settlement Commission, penalty proceedings against the other co-noticees i.e., Director and the employees, are not sustainable - .....

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hat they received only the invoices and have availed credit on the basis of these invoices, without actually receiving the scrap from the present appellant. Accordingly, penalties were proposed to be imposed upon the other two appellants also in terms of the provisions of Rule 26 of Central Excise Rules. 4. The appellant during the course of adjudication took a categorical stand that the Revenue's case is self-contradictory in respect of clearances - on the one hand, they allege shortage of scraps and on the other hand, they allege issuance of invoices without removal of scrap, in which case, the scrap should be in excess, in their factory. They also sought a reply from the Revenue, as regards the actual weighments. The Superintendent ( .....

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cted by the officers during the course of their visits Admittedly, there is no other evidence indicating procurement of raw materials, clandestine manufacture of the goods, their transportation or identification of the buyers etc., so as to lead to the inevitable conclusion of clandestine removal, It is well settled law that the allegations of clandestine removal, cannot be upheld merely on the basis of shortages in stock. Reference can be made to the Hon'ble Allahabad High Court decision in the case of Commissioner Vs M/s. Meenakshi Steels as also to Tribunal's decision in the case of (i) M/s. Amba Steels Vs Commissioner of Central Excise, Meerut-l reported in 2016 (335) E.L.T.97 (Tri. -All.); (ii) M/s. Jyoti Ingots P. Ltd. Vs Comm .....

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