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TMI Blog2014 (2) TMI 818X X X X Extracts X X X X X X X X Extracts X X X X ..... ant No.(1) and detected shortage of 1036.427 MT of M.S. Ingots. Shri Ashok admitted the shortage and clarified that some clearances were made by them without proper accounting and accepting the duty liability of such shortage quantity, he made an advance deposit of Rs.36.00 lakh in nine post-dated cheques. In these circumstances, they cannot take a plea that the duty liability in respect of clearances without payment of duty for the impugned period, they were not liable to pay the same - Applicants could not be able to make out a prima facie case for full waiver of the predeposit of the dues adjudged - Conditional stay granted. - APPEAL NOs.E/A/831, 843-844/2011 - ORDER NO.SO/71495-71497/2013 - Dated:- 28-11-2013 - DR. D.M.MISRA AND DR. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is of various entries reflected in the impugned documents. The ld. Consultant stated that these documents were showing unaccounted receipts of raw materials and clandestine removal of the finished goods, i.e. M.S. Ingots of both the units. Shri Manoj Kumar Ojha, Accountant of the Applicant No.(1) had confessed that the computerized print-out available in the seized file bearing No.15/MVI/FAC/08 at page 105, was actually made from M/s. Daudee Steels Pvt. Ltd.(now renamed as M/s. Bahuubali Ferro Tech and Power Ltd.) and not from their unit at M/s. Ma Vaishnavi Ispat Udyog Pvt. Ltd. His statements were corroborated by Shri S.N.Singh, General Manager and Shri Shyam Babu Gupta, Director of M/s. Ma Vaishnavi Ispat Udyog Pvt. Ltd. The ld. Consulta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the present case on the basis of various incriminating documents such as Production Log Sheet Reports, Daily Report, Note Books, Kacha Delivery Challans, computer print-out etc. recovered during the search of the factory premises and residence of Shri Shyam Babu Gupta, Ex-Director of M/s. Ma Vaishnavi Ispat Udyog Pvt. Ltd. These documents were showing unaccounted receipts of raw materials and production and clearances of M.S. Ingots without payment of duty from the premises of the Applicant No.(1) and M/s. Ma Vaishnavi Ispat Udyog Pvt. Ltd. These documents and various statements recorded the investigation, were shown to Shri Shyam Babu Gupta. Shri Gupta clarified that the exercise books (marked with MVI-D ) seized from his residence, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s incriminating documents recovered from the premises of Shri Shyam Babu Gupta and various statements recorded during investigation. Shri Jain stated that he came to know Shri Shyam Babu Gupta through their another Director, Shri D.R. Jain. In the month of February, 2008, they were with short of funds and were unable purchase raw marterials and production of M.S. Ingots thereof. At this juncture, Shri Shyam Babu Gupta, Director of M/s. Ma Vaishnavi Ispat Udyog Pvt. Ltd. came to him with Shri D.R. Jain and offered them with a proposal of taking lease of their induction furnace, for which he offered to give Rs.4.00 lakh per month on lease. On mutual understanding, it was decided that he would purchase raw materials and his persons would monit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere not liable to pay the same. What is not intended, one cannot be benefited out of that, and therefore, the Applicant No. (1) after taking the registration for manufacture of excisable goods and clearance thereof, on payment of duty, cannot take the alternate plea of not paying the duty on the goods manufactured in their registered premises and cleared therefrom, without payment of duty. In these circumstances, we are of the view that the Applicants could not be able to make out a prima facie case for full waiver of the predeposit of the dues adjudged. Accordingly, keeping in view the stand taken by various judicial for a and principles of law governing and exercising of discretion in disposal of stay applications under Section 35F of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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