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TMI Blog2018 (1) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... no such details of shortage/excess has been enclosed or relied upon by the Revenue. In that circumstances, without any concrete evidence the demand on account of shortage/excess of ₹ 1,27,114/- and ₹ 15,21,377/- are not sustainable - penalty also set aside. Penalty on M/s P.K. Alloys Pvt. Ltd. - Held that: - Considering the fact that M/s P.K. Alloys Pvt. Ltd. has paid entire amount of duty along with interest within 30 days of the order of adjudication, therefore, penalty is reduced to 25% of the duty is confirmed. Penalty on M/s Balaji Alloys - Held that: - the date of clearance is not been established in the show cause notice to demand interest from the appellant, in that circumstances, the date of demand is the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y confess the name of buyers and who were inspected and have admitted that they have received the goods on the basis of the diary without payment of duty in cash from M/s Malerkotla Steels and Alloys (P) ltd. and M/s P.K. Alloys P. Ltd. Further, investigation reveals that on stock verification of M/s Malerkotla Steels and Alloys (P) ltd., there are certain shortage/excess found of raw material /finished goods. It was alleged that these shortage/excess and on account of clandestine manufacturer and clearances of finished goods, therefore, required to pay duty on finished goods and on shortage of inputs, it was alleged that the same has been cleared without reversing the cenvat credit, therefore, cenvat credit sought to be reversed. After iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r is to be set aside. 5. He further submits that as Shri. Deepak Jain, Director has been expired on 25.01.2015 and to that effect he has produced death certificate, therefore, it is prayed that penalty imposed on Late Shri. Deepak Jain is not sustainable. In that circumstances, the appeals filed by Late Shri. Deepak Jain abates. 6. Further, I have gone through the appeal papers in the case of M/s P.K. Alloys Pvt. Ltd. wherein the demand has been confirmed against them on the basis of diary recovered from the possession of Shri. Deepak Jain, wherein certain entries were found showing in the diary for clearance of goods without payment of duty which has been admitted by the buyers of the said goods who have reversed cenvat credit. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lloys (P) ltd and M/s P.K. Alloys Pvt. Ltd. has been expired on 25.01.2015 and death certificate to that effect is placed on record, therefore, no penalty is imposable on Late. Shri. Deepak Jain, and the appeals filed by late Shri. Deepak jain are abated. 10. M/s Malerkotla Steel and Alloys pvt. Ltd: I find that in this case to two separate demands has been confirmed against the appellant. (A) On account of clandestine removal of goods (B) On account of shortage/excess of finished goods. (A) There is demand on account of clandestine removal of goods on the basis of diary recovered from the possession of late Shri. Deepak jain who made certain entries and on the basis of those entries investigation revealed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11. Consequently, the demand of penalty on this account is also not sustainable. 12. In view of the above, the following order is passed in the case of M/s Malerkotla Steel and Alloys Pvt. Ltd. Demand of ₹ 13,58,717/- and ₹ 1,67,507/- are confirmed along with interest and penalty equivalent to 25% of the above demand is confirmed. 13. M/s P.K. Alloys Pvt. Ltd.: A demand of duty has been confirmed against M/s P.K. Alloys Pvt. Ltd. on account of clandestine removal of goods on the basis of diary maintained by late Shri. Deepak Jain and the same have been corroborated by the buyers who admitted that they have received the goods without payment of duty from M/s P.K. Alloys Pvt. Ltd. In that circumstance, as held in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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