9911796707
TMI Blog2009 (2) TMI 652X X X X Extracts X X X X X X X X Extracts X X X X ..... ers of Hyderabad Commissionerate conducted investigations and recover certain incriminating records from the premises of the appellants. There were some discrepancies with regard to stock position of finished goods as well as raw materials. On the request of the appellants, some of the detained goods were later released. However, in respect of certain goods, namely, 73 Kgs of LM 25 valued at Rs. 7,519/-, 1500 Kgs of Aluminium sheet scrap valued at Rs. 1,35,000/- and 500 Kgs of Aluminium channel scrap valued at Rs. 45,000/-, the appellants could not produce any documentary evidence. Hence, they were seized. Statements of Shri M. Venugopal Reddy, Managing Director, Shri P. Punnaiah, General Manager of the appellant company were recorded. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l book which has been submitted by the appellants themselves vide their letter dated 1-8-2005. This book was not recovered by the officers during their visit on 22-7-2005 to the factory. It was stated that this bock was prepared at the insistence of investigating authorities. It contained many discrepancies. (b) The Managing Director has specifically stated that Aluminium hollow profiles, which contain basically Aluminium in any form can be used as input, as the process requires only melting and adding of certain alloys. The Department has mistakenly understood that the appellants cannot use these profiles/wires/rods, which are obtained on invoices in the manufacture of finished goods. The inputs were properly accounted in the RG23A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the appellant that the case is built on assumptions and presumptions. The copy of the RM outside disposal book was also produced before us. For question No. 9, Shri Venugopala Reddy had clearly stated that sometimes we are exchanging these materials with scrap and we are using such scrap for the manufacture of finished product. After giving such a statement, it cannot be said that the case is built on assumptions and presumptions. From the evidences on record, it is clear that the appellants have diverted the duty paid inputs in exchange of scrap after availing the Cenvat. In view of this, the demand of duty is upheld. In view of the existence of the RM outside disposal book , which is a private record and in which the details ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
