9911796707
TMI Blog2018 (8) TMI 235X X X X Extracts X X X X X X X X Extracts X X X X ..... UPTA The appellant herein is a broker /commission agent dealing with various items of iron and steel products i.e. sponge iron, MS ingots etc. falling under Chapter Heading No. 72 of Central Excise Tariff Act, 1985. On an intelligence gathered, it is alleged that induction furnace units engaged in the manufacture of MS ingots as that of M/s.Ispat India, Noticee No.1 are showing consumption of ele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and clandestine removal of its final product viz. Sponge iron through parallel invoices. Resultantly, a show cause notice dated 6th August, 2010 was issued to the appellant alleging the suppression of production and clandestine removal of MS Ingots during the period 2005-06 to 2010-11 without issue of Central Excise invoice and the excess consumption of electricity than required for the manufact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whom M/s. Ispat India purchases the sponge iron, the raw material for their final products. It is alleged that demand upon appellant has been confirmed after scrutinising the documents of M/s. Monu Steel, but without any cogent corroborative evidence in this respect. It is impressed upon that major demand has already been set aside. The appeal in hand is accordingly prayed to be allowed. 4. Whil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remaining penalty of Rs. 50,000/-, it is observed that appellant herein is merely a consignment agent that too for providing the raw material to the manufacturer i.e. M/s. Ispat India Ltd. The allegations of any clandestine removal of final products by M/s. Ispat India Ltd. are opined to have no bearing upon the appellant unless and until there is a corroborative cogent evidence to support the all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raw material for the appellant. The allegation was based upon the entries made in his record, without there being any corroborative evidence. I also note that there is virtually no evidence to show that such entries relate to the actual transportation and supply of the raw material to the present appellant. Accordingly, I find no justification to impose penalty upon him, the same is accordingly se ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
