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TMI Blog2010 (8) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... ce placed by the department on this figures for demand of duty cannot be faulted In the present case, on perusal of the Show Cause Notice it is found that no such evidence about clandestine removal is being relied upon. Therefore, the penalty equal to the duty demand confirmed may not be warranted - Decided against the assessee - E/356/2010 - 890/2010 - Dated:- 12-8-2010 - Shri M. Veeraiyan, J. REPRESENTED BY : Shri G. Natarajan, Advocate, for the Appellant. Shri C. Rangaraju, SDR, for the Respondent. [Order]. This is an appeal against the order of the Commissioner (Appeals) No. 27/2010 (M-II) dated 16-3-2010. 2. Considering the nature of dispute I waive pre-deposit of dues as per the impugned order and with the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants the duty payable was only Rs. 2,39,229/- which include a sum of Rs. 1,51,224/- paid in April 2007. The original authority did not accept the reconciliation statement and confirmed the differential duty of Rs. 2,40,162/- along with interest and imposed equal amount of penalty under Rule 15 of CENVAT Credit Rules, 2002. Commissioner (Appeals) has upheld the order of the original authority. 5. Learned counsel for the appellants submits that there is no dispute about the opening balance of kraft paper as on 1-4-2006 which is 35,415 kgs. and that there is no dispute about the quantity received by them during the year which is 6,90,759 kgs. The dispute relates to the actual quantity issued for consumption. He fairly concedes that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od of ascertaining the stock of inputs based on the quantum of final products and alleged conversion ratios is not an acceptable method. The tally sheet was recovered from their premises which indicate the closing balance and the original authority has correctly adopted the same and demanded the differential duty which has been upheld by the Commissioner (Appeals). 7. I have carefully considered the submissions from both sides and perused the records. I find that there is no dispute relating to the opening balance of kraft paper as on 1-4-2006 and also the quantity of kraft paper procured by the appellants during the entire year which is 6,90,759 kgs. The perusal of accounts maintained in the tally print out indicates quantity of inputs r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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