9911796707
TMI Blog2018 (8) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... in the manufacture of MS ingots as that of M/s Steel Abrasive Industries Ltd., Noticee No.1 are showing consumption of electricity in excess to ideal limit and are also engaged in suppression of production and clandestine removal thereof through M/s. Monu Steels, Noticee No.2, who are engaged in the business of facilitating sale and purchase transactions of iron and steel products on behalf of manufacturer seller and purchaser of iron and steel products on commission basis. Accordingly, a team of Preventive Officers of Central Excise Headquarters, Raipur searched the Office premises of Noticee No.2 on 15.01.2007. On the basis of the documents recovered through M/s Monu Steels, it was alleged that M/s. Kailash Traders, Prop. Shri Kailash Aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ducts. It is alleged that demand upon appellant has been confirmed after scrutinising the documents of M/s. Monu Steel, but without any cogent corroborative evidence in this respect. It is impressed upon that major demand has already been set aside. The appeal in hand is accordingly prayed to be allowed. 4. While controverting these arguments, ld. DR has submitted that the case of the main noticee i.e. M/s. Steel Abrasive Industries Ltd. has not yet been decided. Any benefit as claimed by the appellant, in absence of said decision, will not be an appropriate finding. No question arises for setting aside of the penalty. Appeal is prayed to be rejected. 5. After hearing both the parties, we observe that the initial demand of Rs. 13,40,77,92 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, which has been further used by them for manufacture of their final product cleared clandestinely. M/s Kailash Trader is a registered dealer, dealing in sponge iron, which is raw material for the appellant. The allegation was based upon the entries made in his record, without there being any corroborative evidence. I also note that there is virtually no evidence to show that such entries relate to the actual transportation and supply of the raw material to the present appellant. Accordingly, I find no justification to impose penalty upon him, the same is accordingly set aside." 8. Applying the same view to the present case, I hereby set aside the penalty as confirmed by the order under challenge. The appeal stands accordingly, allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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