TMI Blog2018 (7) TMI 1361X X X X Extracts X X X X X X X X Extracts X X X X ..... upon the invoices issued by the present appellant, without corresponding receipt of the raw-material. The said depositions of the buyers are contrary to the allegations made by the Revenue which are to the effect that the appellant has cleared the raw-material, without the reversal of the Cenvat credit availed by them. If the buyers have not received the raw-material, the Revenue has failed to show as to where the said clandestinely remove raw-material has gone to. Also, during the time of visit of the Investigating Officer, no discrepancy was found and detected by the Officers in the stock of the raw-material. In this scenario, the allegations as regards the removal of raw-material cannot be upheld. Appeal allowed - decided in favo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tatement of Foreman - Shri Rajender Singh, wherein he stated that he wanted to throw the said Kaccha Slips but could not do so. The statement of Shri Naresh Guleria Director of the Company was also recorded, wherein he deposed that the entries in the said Kaccha Slips showing (+) reflect the receipt of the materials and then showing (-) show the movement of the goods from the stores to the floor, which cannot be treated as sale of the raw-material. The Revenue has also approached the buyers of the appellant M/s Paragon Cable Co. as also M/s T. C. Communications and recorded the statements of their representatives, who admitted that they have availed wrong Cenvat credit on the basis of the invoices without corresponding receipt of PVC Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant have cleared the raw-material clandestinely. As such, he submits that there is factually no evidence to establish the Revenue s allegations and prays for setting aside the impugned orders. 4. After carefully considering the submissions made by both the sides and after going through the impugned orders, I find that the Revenue s case is based upon the entries made in the said Kaccha Slips, recovered from the premises of the assessee. The said Kaccha Slips are admittedly written in hand writing of Shri Rajender Singh Foreman of the appellant. He has not been examined as regards the entries made therein. On the other hand, the statement of the Director clearly deposed that the said entries related to movement of the goods withi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the appellant is bound to show the consumption of the same in the manufacture of their final product. If the appellants have removed the raw-material, after availing Cenvat credit, as alleged by the Revenue, they would not be in a position to manufacture their final product out of the said raw-material. I also note that during the time of visit of the Investigating Officer, no discrepancy was found and detected by the Officers in the stock of the raw-material. In this scenario, the allegations as regards the removal of raw-material cannot be upheld. 5. In view of the foregoing discussions and findings, I find no merits in the Revenue s stand. Accordingly, the impugned orders are set aside and both the appeals are allowed with consequen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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