9911796707
TMI Blog2018 (4) TMI 757X X X X Extracts X X X X X X X X Extracts X X X X ..... nd had availed credit of Rs. 98,19,274/- on such quantity. Based upon the investigation and recording of statements they were issued show cause notice alleging that the goods supplied by M/s BASP Chemical products shown to have cleared to the Appellants were actually consigned to the other factories. The invoices issued by M/s BASP showed the endorsement at the back to this effect. Statement of authorized person of three actual recipient of goods viz. M/s Jagdish Soap Works, Malegaon, M/s Kansal Soap Works, Amravati and Shri Tirumala Gining Factory revealed that the goods were received by them. The transporter M/s Pravin Roadways and M/s Capital Roadlines also stated that though in office copy of LR the destination was shown as place where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The show cause notice alleged that the Appellant has availed excess credit of Rs. 50,27,335/- fraudulently. The demands were confirmed by the adjudicating authority alongwith penalty against Appellant. Penalties were also imposed upon Shri Akash Kagliwal, director and Shri Vijay Saboo, General Manager, Finance. Hence the present appeals by all three. 2. None appeared for the Appellant. They have sent written submission through their Advocate Shri Abhay Kolte and requested to decide the issue on the merits. 3. Shri Sanjay L. Hasija, ld. Superintendent, AR appearing for the revenue supports the impugned order. He submitted that three parties accepted the receipt of goods which were initially cleared to the Appellant by M/s BASP. That the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said that no goods were received by them in their factory. That apart from M/s BASP other suppliers also supplied goods to Appellant but no investigation was conducted. That out of cenvat denied on 2479.490 MT only 1435 MT of Caustic Soda was received from M/s BASP and hence there is no ground to deny credit on remaining quantity. That only on the basis of statements of certain persons demand cannot be sustained. The report of CPRI is totally based upon theoritical calculations and thus cannot be adopted for confirmation of demand. That only on the basis of three invoices the demand was confirmed which is illegal. The credit of remaining invoices was forced to be debited. They submitted that there is no evidence to show that they availed f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly stock report. The adjudicating authority has pointed out instances from such stock report which shows that the quantities of consumption, receipt etc shown in the MIS Reports and yearly stock reports are based upon Appellant's store records. Therefore whatever the quantities of caustic soda has been received were reflected in the MIS reports after stores records. Further the figures of consumption of caustic soda shown in the above reports is matching with the reports and those reported by CPPRI. We also find that the adjudicating authority has also recorded a fact that the Appellant during investigation did not provide all the copies of LRs or only one sided photocopies so that revenue cannot proceed further for investigation. However b ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
