9911796707
TMI Blog1997 (1) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... . Brief facts of the case are that appellants are engaged in manufacturing of cars of different models. Vide letter dated 16-8-1990 the respondents asked the appellants to furnish a physical inventory of the vehicles category wise as on 31-3-1986, 31-3-1987, 31-3-1988, 31-3-1989 and 31-3-1990 and quantity of vehicles category wise produced during the year 1987-88, 1988-89 and 1989-90. The respondents also issued reminder dated 11-9-1990 to the appellants. This information was suplied to respondents vide letter dated 28-11-1990 by the appellants. The respondents issued show cause notice dated 26-3-1991 alleging therein that (i) M/s. Maruti Udyog Ltd. had cleared vehicles without payment of duty against replacement of vehicles which got dam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the demand was passed. 4. Ld. counsel appearing on behalf of appellant fairly conceded that he is not pressing the appeal against the demand on 321 (70 + 251) vehicles covered under the issue No. (i) and (ii) of the impugned order. Therefore we uphold the impugned order in respect of demand of Rs. 86,06,432.29 in respect of 321 vehicles. In respect of remaining 1308 vehicles, ld. Counsel submitted that this demand has been raised by the department by deriving the clearance from the balance sheet figures and comparing the same with RT 12 returns. The appellants in their letter dated 28-11-1990 furnished the information regarding total physical inventory of all the vehicles lying with company. The statement furnished by the appellants ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne has to consider the opening stock lying within the factory + production less closing stock lying within the factory. He therefore submits that considering the information furnished in the letter dated 28-11-1990 and 26-2-1991 for deriving clearance would be erroneous. He further submits that if calculation as pleaded by him was done, then there would be no difference. He therefore submits that there is no question of any clandestine removal of vehicles and hence no demand can be raised. 6. He further submits that on 31-12-1992 the Hon ble Tribunal directed to the appelant to file a chart showing opening and closing stock for 1987-88, 1988-89 and 1989-90 as well as proof of duty paid nature of the vehicles lying in the depots. The respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory as well as out side the factory while furnishing the information regarding closing stock of vehicles during the relevant period. The respondents ought to have taken into account only the opening stock [lying] in the factory at the beginning of the financial year plus production during the financial year less closing stock lying within the factory at the end of the financial year. The respondents in reply to show cause notice filed a statement showing bifurcation of opening stock and closing stock into two categories i.e. others and excised covering stock lying within the factory and outside the factory. The appellant also filed certificate of chartered accountant showing break up of closing stock of the vehicles at the end of each f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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