TMI Blog2022 (5) TMI 649X X X X Extracts X X X X X X X X Extracts X X X X ..... ged clandestine clearance to Pankaj Ispat, have allowed the appeal holding that demand and penalty is not sustainable on the basis of the third party evidence, in absence of any corroborative evidence/ admission on the part of the assessee. Appeal allowed - decided in favor of appellant. - EXCISE APPEAL NO. 52288 OF 2018 & 52542/2018 - FINAL ORDER NOS. 50419-50420/2022 - Dated:- 13-5-2022 - MR ANIL CHOUDHARY, MEMBER (JUDICIAL) Shri Vinay K. Jain, Advocate for the appellant Shri Ravi Kapoor, Authorised Representative for the respondent ORDER The appellant M/s S R Ingots Pvt Ltd. engaged in the manufacture of iron and steel products, that is MS ingots, which are dutiable. The other appellant Shri Sanjay kumar Goyal i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... production records also revealed unaccounted production or suppression of production. Further from examination of the incriminating documents, it appeared that MS ingots were purchased without being accounted, from the entries of movement of goods (A-3 size sheets) for the period June, 2010 to April 2012, both for purchase and sales with bifurcation as furnace in, furnace out, and rolling mill in and out. The second copy of one such document showing clearance of MS ingots by this appellant, mentioned in para 4 of the SCN, wherein details like vehicle number, party name and description of item/ingot, number of pieces weight etc., is given. The time of arrivals in the factory of Pankaj Ispat is also given and is also contained in the weighme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Tribunal. 6. Learned counsel for the appellants Shri Vinay K Jain, inter alia alleges that the whole demand has been raised with penalty, based on unsubstantiated third party records. There is no admission on the part of the appellant or its Director or any officer of the appellant company. Further, Revenue have not examined or investigated the records of the appellants and have issued the show cause notice and confirmed the demand in a mechanical manner without application of mind. Learned counsel states that the charge of clandestine removal and demand of duty, have got grave civil consequences on the appellants, and such demand cannot be raised in a mechanical manner. The allegations of Revenue are bald and unsubstantiated, as ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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