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TMI Blog2014 (5) TMI 834X X X X Extracts X X X X X X X X Extracts X X X X ..... ed with the order passed by the Commissioner (Appeals), Revenue has filed the present appeal. Shri RK Mishra, Ld. Departmental Representative appeared for Revenue and nobody appeared for the respondents. 2. As per facts on record, the respondents are engaged in the manufacture of fastners, i.e., nuts and bolts, washers, rivets, etc. falling under Chapter 73 of the First Schedule to the Central Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition of penalty. The respondents submitted before the adjudicating authority that the shortage report was not correct in as much they are maintaining only one RGI register for all accounts of nuts and bolts and no separate records are being maintained as per size of nuts, bolts and washers. As such, physical verification report showing shortages in various types of nuts and bolts does not reflect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ieties of nuts and bolts manufactured by the respondents, whereas, they were maintaining single consolidated RGI register without recording the production on variety-wise basis. He also observed that there is no corroboration from any other independent source and mere shortages detected by the officers, which are also doubtful, the findings of clandestine removal cannot be upheld. For the above pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stine manufacture and removal of the goods by the respondents. The Revenues reliance on the statement of Shri Amrik Singh, given before the visiting officers accepting the shortages and clandestine removal, cannot be pressed into services, in the absence of any independent corroborative evidence. Further, the contention of the respondents is that their production is mainly exported and the indige ..... X X X X Extracts X X X X X X X X Extracts X X X X
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