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TMI Blog2018 (4) TMI 292X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent ORDER Per Archana Wadhwa Both the appeals are being disposed of by a common order as they arise out of the same set of facts and circumstances, vide which the demand of duty stands confirmed against M/s.Dadu Steel & Power Ltd. to the extent of Rs. 80,137/- along with imposition of penalty of identical amount. Further, penalty of Rs. 40,000/- stands imposed upon Shri Santosh Agar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re initiated against the present appellants resulting in the confirmation of demands and imposition of penalties, as detailed above. The order passed by the Original Adjudicating Authority was upheld by the Commissioner (Appeals) and hence, the present appeals. 4. The appellants' contention is that the entire case of the Revenue is based upon the result of the search conducted at the premises of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 72 (Tribunal-Chan.). It was held in the said order that in the absence of any investigations conducted at the assessee's unit and in absence of any corroborative evidence of procurement of raw materials, transportation of the goods, flow back of money, etc., allegations of clandestine removal based on mere assumptions and presumptions are not sustainable. To the same effect is the Tribunal's decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the allegations based on inquiries made in the third party's documents of Commission Agent and transporters cannot lead to the fact of clandestine activities. In fact, the list is un-ending and it is almost a settled law that the allegations of clandestine removal cannot be upheld based upon the third party's records without there being any evidence reflecting upon such clandestine activiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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