2012 (12) TMI 45

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..... ndent. [Order]. - Heard both sides. 2. Appellant filed this appeal against Order-in-Appeal No. 16/Koli- V/2011 dated 1-2-2011 whereby Commissioner (Appeals) has allowed the appeal filed by Revenue and set aside the lower adjudicating authority's order. 3. Briefly stated the facts of the case are that appellants are engaged in the manufacture of steel chains, anchor cable and anchor .....

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..... er (Appeals) allowed the appeal of the Revenue and set aside the lower adjudicating authority's order. Aggrieved by the same the appellants are in appeal. 5. The contention of the appellant is that ld. Commissioner (Appeals) has dropped the demand on the basis of presumption and assumption. The department could not produce any evidence that they have sold at a lesser price except presumption .....

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..... s. Further, the stock taking report shows that the different scraps were found and weighed separately. Hence receipt in mixed condition, keeping stock in mixed condition under the head of iron and steel scrap etc are afterthought only. Although a matter on different proceeding, the respondents, in the Cross Objection, have alleged that the stock taking was on eye estimation. I find that a copy of .....

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