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TMI Blog1976 (4) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the first appellate authority under s. 31, the AAC reduced the addition to 75 per cent of the net book results and refixed the assessable turnover at Rs. 4,75,698.39. He also reduced the penalty under s. 12(3) to Rs. 10,500. Not satisfied with the extent of relief obtained the appellants have resorted to this second appeal under s. 36 seeking appropriate relief. 3. The learned counsel for the appellants vividly presented the procedure of production and handling of goods involved in the disputed appeal. He basically contended that the accounts wee adequately supported by acceptable records and that there was no scope or basis for resort to the estimated assessment. He also elaborated the procedure of maintenance of the stock records both at the factory and at the office. With reference to the significant inspection done on 12th Sept., 1972 and comparision with precise particulars of stocks of the various article enumerated he outlined that there could be no possibility for the alleged variations. He vividly argued that various type of wastages emanated at the several stages of production. Most of the wastages could be possibly ploughed back against into production in the bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are claimed to have been generally produced out of these billets. These sheets were further pressed to reduce them to thickness of lower kg. say 20, 21 etc. In the process of such pressing and securing shapes certain cuttings emanated. The production of circle out of square sheets results in cutting. The above cuttings were treated as basic scrap and against ploughed back to the initial process of manufacture of billets. From the sheets and circles produced, the appellants issued them to out-workers for the manufacturer of vessels. The out-workers are paid at agreed wage rates. Certain percentages of wastages occurred even out of these handlings. It is thus found, on a close consideration of the above processes that wastages inevitably incident at various stages; as inseparable and unavoidable incidents in the production phenomenon. The cry of the grievances of the appellants is that adequate consideration has not been given by the lower authorities to the various wastages which emanated at different stages as outlined above. 7. The assessing authority advanced as many as 9 defects in respect of the estimated assessment. The first appellate authority found that the 3rd defect pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,944,000 282-900 1,661-000 16-5-72 1,661-100 400-150 2,061,250 100-000 1,961-250 23-5-72 1,961-250 208-400 2,169-650 208-400 1,961-250 9-6-72 1,961-250 90-000 2,051-250 1,006-300 1,044-950 12-6-72 1,044-950 603-790 1,648-740 685-300 963-440 14-6-72 963-440 99-700 1,063-140 - 1,063-140 11-7-72 1,063-140 - 1,063-140 178-700 884-440 17-8-72 884-440 - 884-440 210-900 673-540 18-8-72 673-540 - 673-540 83-350 590-190 16-9-72 590-190 - 590-190 379-500 210-690 21-9-72 210-690 - 210-690 186-250 24-440 .According to this detailed statement the appellants should have held a stock of at least 590,190 kgs. of aluminium ingots, i.e. about 30 pieces of ingots on 12th Sept., 1972. But the inspecting authorities found no stock at all. Looked at from any angle there is an unavoidable discrepa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , sheets and similar end products. The basic raw material for all these commodities is aluminium. Such aluminium was extracted by the company either from bauxite or the scrap itself was ploughed from the remnants of the previous process wherein scrap emerged. These scraps were melted into ingots in the shape of billets and then pressed into sheets by cold or heat process. These they emerged as sheets and circles after completion of the process of trimming. In this process of manufacture involving inevitable occurrence of scrap at every intermediary stage, irrecoverable wastage to an insignificant extent unavoidably existed in all the processes. Their Lordship observed that the ingots bars, etc. which being manufactured as sheets, circles, etc. and trimming etc. to secured required standard shapes etc. resulted in scrap which was again put back along with raw scrap for the purpose of recycling in production. (iii) The Supreme Court of India in Union of India vs. Ramanlal, while considering the meaning of manufacture and levy of excise duty under Central Excise and Sales Tax Act, 1944 dealt with the details of production process leading to the emergence of circles from scrap. While ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he stage of issue of ingots, bars, slabs, billets, etc. to production as and receipt back of all circles etc. Their Lordships of the Supreme Court had occasion to analyse a similar instance in this decision rendered by them in 1975 TLR 2143 : 1976 CTR (SC) 111 (Aluminium Corporation of India Ltd. vs. Union of India Ors.). They observed as under in para 7 : "We have earlier pointed out that one of the features of the manufacturing process is that when ingots, bars and the like are used for manufacturing plates, sheets, circles etc. nearly 50 per cent of the former becomes scrap ". Thus Supreme Court after making allowance for all incidents have allowed an overall percentage of 50 per cent of the ingots slabs, scraps, billets, used for further manufacture as plates, sheets, circles, etc. It is thus one of the admitted features of the aluminium manufacturing process with which the appellants are engaged, that about 50 per cent of the ingots, slabs, and billets used for further manufacture of plates, sheets, etc. generally become scrap and have to be melted and recycled over again into production. 12. (i) We, however, desired to have a statistical approach from the records o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. (ii) In regard to the overall figures for 1972-73, we similar find that for the issue of 1,89,815 Kgs. of scrap and 1006 Kgs. of D. Plates, the recovery of billets scrap was to an extent of 1,71,211.150 kgs. The quantity of circles recovered from these billets worked out to 78,317.171 kgs. The quantity of 78,317.171 kgs. of circle recovered from the scrap of 1,89,815 kgs. gave a recovery of 41.26 per cent. When computed on the quantity of billets from 1,71.211.150 kgs. with the circle recovery of 78,317 kgs. the actual recovery is 45.74 per cent. The State Representative similarly states that the absence of precise manufacturing and stock control records, process-wise or stage-wise has got its own significance. (iv) From the available records, we are unable to specifically made out a precise percentage of scrap disposal from the billets utilised and the quantity features involved in recycling by way of reploughing into the production. In the absence of precise statistical particulars and in consideration of the stock discrepancy made out in the shop inspection, we feel that the quantities recovered have to be reasonable estimated. Such an estimate was however to be based on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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