9911796707
TMI Blog2012 (12) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... xed the case and sold at a lesser value – Held that:- They received and keep stock of scrap in a contention can be mixed manner under the head of iron and steel scrap. Their accepted because the scraps in question are highly valued in comparison to iron and steel scrap. It is not feasible that these are treated in such a cheap manner by business people. Separate customers and separate foundries ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n-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 thereof falling under sub-heading 7315 12 10, 7316 00 10 of Central Excise Tariff Act, 1985. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er. 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 and assumption. 6. Learned AR (Addl. Commr.) appearing for the department reiterated the findings of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 the stock taking report has been submitted by the respondents along with the Cross Objection. It has been signed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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