9911796707
TMI Blog2013 (11) TMI 232X X X X Extracts X X X X X X X X Extracts X X X X ..... ll appeal is heard - Partial stay granted. - Appeal No. 57055 to 57057/2013 - - - Dated:- 15-7-2013 - Shri D.N. Panda and Shri Rakesh Kumar, JJ. For the Appellant: Shri Jatin Mahajan, Advocate For the Respondent: Shri Sanjay Jain, D.R. ORDER Per D.N. Panda Adjudication was based on some incriminating document material found in the course of search on 23rd December, 2009. Excise duty demand of Rs. 6,26,62,091/- arose on the basis of above incriminating materials, physical verification of stock as well as consideration of statement recorded from various persons. This demand relates to appeal No. 57055/2013. 2. Learned Counsel submits that adjudication proceeding was initiated merely on the basis of documents recovere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out of quantity of 473.753 MT scrap (raw material) found short during the physical verification conducted in the factory premises of the assessee on 23.12.2009. (ii) Central Excise duty of Rs.1,12,749/- on the shortage of 58.979 MT of M.S. Ingot (i.e. finished goods) found short during the physical verification conducted in the factory premises of the assessee on 23.12.2009. (iii) Central Excise duty of Rs.6,25,37,157/- on the baiss of Dharam Kanta slips recovered from Jai Ambika Dharam Kanta, Bagru on the quantity of 18899.950 MT of M.S. Ingots (finished goods) cleared in Truck No. RJ 05 G 2281 and RJ 21 G 1014 during the period of January, 2008 to December, 2009 which was not found recorded by the assessee. (iv) Central Excise duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 440 kgs. carried by truck No. RJ05G2281 coupled with statement of Shri Sanjay Kumar Agarwal, Director proved clandestine removal. Similarly, entry at serial no. 1224 and 1226 dated 11.5.2008 related to clearance of invoice No. 108 104 dated 11.5.208 in truck No. RJ 21G 1014 which proved the nexus of clandestine clearance. When the entries relating to these two trucks proved use of Dharamakanta entire aforesaid plea of the appellant of not using Dharamkant finds no leg to stand. 8. Investigation proceeded further to test the material recovered from Shri Sanjay Kumar Agarwal and slips from supervisor Shri Gopal Singh Statement dated 26.12.2009 recorded from these persons proved questionable modus operandi of the appellant. Raw material su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sit on baseless defence led today. 11. Prima facie, it appears that premeditated design was made to defraud Revenue in the manner indicated above. Therefore, directing the appellant M/s. Gee Diamond Steels Pvt. Ltd. to make deposit of Rs. 4 crores (Rupees four crores only) within 6 weeks from today shall serve the interest of Revenue at interim stage till appeal is heard. 12. So far as stay application filed by Shri Sanjay Kumar Agarwal is concerned, he is levied penalty of Rs. 50 lakhs and his role has been appreciated in causing loss to Revenue particularly when Para 80 of adjudication is read as to the mass scale evasion planned as per material recovered from Dharamkanta. Therefore, he is directed to deposit Rs. 10 lakhs (Rupees ten ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
