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TMI Blog2014 (11) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant M/s. Ceat Ltd., Bhandup, Mumbai. Aggrieved of the same, the Revenue is before us. 2. Facts relevant to the case are as follows. M/s. Ceat Ltd., a manufacturer of tyres, has two manufacturing units, one at Bhandup and the other at Nasik. The Bhandup unit was manufacturing dipped nylon tyrecord fabric (DNTF) out of the raw materials received from various manufacturers on job work basis for their Nasik unit, apart from their own use. Such DNTF was cleared to the Nasik unit without payment of duty under Rule 57F(4) procedure availing the benefit of Notification No. 214/86-C.E., dated 1-3-1986. All such clearances from Bhandup to Nasik were settled on monthly basis by Bhandup unit by issue of transfer advice indicating consolida ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere was a totaling error of Rs. 25 crore during 1995-96 with regard to the value of goods cleared. Similarly for the year 1996-97, while as per the transfer advice, the quantity dispatched during January, 1997 was 287345 kgs., in the show cause notice a figure of 2872345 kgs. was taken resulting in a mistake of 2585000 kgs. Similarly during 1997-98, as per the revised transfer advice prepared by Ceat, Bhandup, the actual quantity of DNTF dispatched was 2258490 kgs. whereas the show cause notice has taken a figure of 2376584 kgs. resulting in a mistake of 118094 kgs. The quantity shown in the transfer advices could not match with the quantity shown in the Annexure IV register maintained at Nasik unit as these two documents were based on diff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 83 kgs. short received at Nasik valued at Rs. 47,76,25,455.10 The adjudicating authority has not considered the inculpatory statements recorded by the investigation agency from the officials of M/s. Ceat wherein it has been admitted that the transactions were not fully accounted for in the statutory records. The ld. Commissioner (AR) appearing for the Revenue strongly re-iterates the grounds urged in the appeal memorandum filed by the Revenue and pleads that the impugned order be set aside and the matter remanded for fresh adjudication by giving an opportunity to the investigation agency to rebut the findings of the verification committee. 4. The ld. Counsel for the respondent assessee strongly opposes the contentions raised by the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in facts came to light during the course of hearing, the adjudicating authority need not refer the matter to the investigating officers for further scrutiny as the adjudicating authority himself can consider the veracity. Reliance is also placed on the decision of the Hon'ble High Court of Gujarat in Shrenik Kasturbhai & Ors. v. Commissioner of Wealth Tax [(1974) 95 ITR 326 (All)] wherein it was held that the wealth-tax officer does not have a right to be heard as a matter of course and want of opportunity of hearing to him would not render the order bad in law. Accordingly, the ld. Counsel pleads for dismissing the appeal. 5. We have carefully considered the rival submissions. 5.1 On a perusal of the records, it is seen that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o a different set of facts and hence has no relevance to the facts of the present case. 5.2 In his findings, the ld. adjudicating authority has, inter alia, concluded that Transfer Advice being financial record of all transactions between Ceat, Bhandup and Ceat, Nasik includes many other items apart from DNTF whereas the contention of the Revenue is that they have taken only the quantity of DNTF cleared from Bhandup to Nasik and have excluded other items of clearance while computing the duty liability in the show cause notice. According to the Revenue, even after adjustments for the computational errors, there is still an unexplained difference of 21,51,528.83 kgs of DNTF involving a duty of about Rs. 10.45 crore. In these circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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