TMI Blog2018 (10) TMI 1530X X X X Extracts X X X X X X X X Extracts X X X X ..... sent for the Respondent: Ms. Tamanna Alam, D.R. ORDER PER: RACHNA GUPTA The appellant herein is a broker /commission agent dealing with various items of iron and steel products i.e. MS ingots, re-rolled products etc. falling under Chapter Heading No. 72 of Central Excise Tariff Act, 1985. The instant case was initiated when name of the appellant Noticee No.1 of impugned SCN was found mention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the main and major part of the demand of Rs. 13,62,85,928/- for the excess electricity consumption has been dropped. However, demand of Rs. 76,52,542/- has been confirmed as the demand of Central Excise duty involved in clandestine manufacture and clearance of MS ingots alongwith interest and penalty of same amount. Hence, the present appeal has been filed. 2. We have heard Mr. Himanshu Bansal, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed a speaking and reasoned order based on the documentary evidence. No question arises for setting aside of the same. Appeal is prayed to be rejected. 5. After hearing both the parties and pursuing the record, we observe that the initial demand of Rs. 14,39,38,470/- has already been dropped to the major extent of Rs. 13,62,85,928/- qua excess consumption of electricity, relying upon the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y clearly, in his statement recorded by the officers, deposed that he does not even know M/s Monu Steels. However, he used to meet Mr. Bal Mukund Pansari, the nephew of Shri S.K. Pansari of M/s.Monu Steels. Said Mr. Bal Mukund had admittedly expired. Mr.S.K. Pansari during his cross-examiantion also didn't deny this fact rather admitted that all the recovered documents were written by Mr. Bal Muku ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09) ELT 411 (All.) as also Tribunal's decision in the case of Raipur Forging Pvt. Ltd. Vs. CCE, Raipur-I - 2016 (335) ELT 297 (Tri.-Del.), CCE & ST, Raipur Vs. P.D. Industries Pvt. Ltd. - 2016 (340) ELT 249 (Tri.-Del.) and CCE & ST, Ludhiana Vs. Anand Founders & Engineers - 2016 (331) ELT 340 (P&H). It stand held in all these judgements that the findings of clandestine removal cannot be upheld bas ..... X X X X Extracts X X X X X X X X Extracts X X X X
|