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TMI Blog2018 (7) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... lternate mode of procurement of raw materials by the appellants. As such merely on the basis of the shortages detected at the time of stock taking, which are also being assailed by the appellant and are doubtful, there is no justifiable reason to deny the credit to the appellant and to confirm the demand against them or to impose penalty upon them. Appeal allowed - decided in favor of appellant. - Appeal Nos. E/70755-70756/2016-EX[SM] - Final Order Nos. 71263-71264 / 2018 - Dated:- 28-6-2018 - Hon ble Mrs. Archana Wadhwa, Member (Judicial) Shri Shambhu Chopra (Advocate) (Proxy Counsel) for Appellant Shri Pawan Kumar Singh (Supdt.) AR for Respondent ORDER Per: Archana Wadhwa As per the facts on record appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , was without physical verification of the raw materials and no inventories were made by the visiting officers. In the absence of such weighment slips and inventories it was not possible to take the stock taking of the raw materials as also to finished goods. He submits that the Revenue s entire case is based upon the fact that the Coils/Sheets were not available in the factory whereas they did not found any discrepancies in the stock of the final product. Explaining further he submits that director of the company in his said statement had also deposed that the HR Coils/Sheets being heavy items of steel, are sent by them directly to their job worker in Ghaziabad and it is only after cutting and slitting the raw materials is received by them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was not available on the date of search, the question of recording the same on the weighment slips does arise. The appellants have also contended that the fact of sending the materials directly to the job worker at Ghaziabad was brought to the notice of visiting staff, but the same was not taken note of. The coils in question are of 25 MT weight and being small manufacturer, it is not possible for them, to cut and slit the same. As such, they are sent to the job worker to whom the payments are made by way of cheque and all the entries are available in their records. 6. I note that admittedly the appellants have maintained their records and availed the credit on raw materials. The entire case of the Revenue is based on the alleged shortag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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