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TMI Blog2018 (10) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... alt with by him and has been found to be cleared on payment of duty. Though there are minor variations on the comparison of both the entries but the Adjudicating Authority has observed that such differences, which are very minor are on account of wrong entries as almost all the entries have been found to have been cleared on payment of duty by reflecting the same in RG-1 register. The entire case of the Revenue is based upon entries made in the record resumed from assessee and there is no evidence of establishing clandestine activity on the part of the assessee. Even the separate case made out against them based upon the shortages of the raw material and final product stand allowed by Commissioner (Appeals) by way of different Order-In-A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oad was of 2400 KVA. Shri Naveen Kansal, Authorised Signatory of the appellant deposed that they had started production with effect from 2005 with the first Induction Furnace having capacity of 4 M.T. and the second Induction furnace having capacity of 3 M.T. was installed in their factory in August 2009, which was still under trial on the date of visit of officers. 4. The Revenue also undertook simultaneous searches in the factory of one M/s Shamli Sugar Work (P) Ltd. and it was found that some records pertaining to production and clearances of MS ingots were lying in their factory. The same were seized by the officers. Statement of Shri Sanjeev accountant and Authorised Signatory of M/s Shamli Sugar Works (P) Ltd, Muzaffarnagar was rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . However, Commissioner has clearly observed that the second furnace though installed in the factory but was not in operation inasmuch as the said fact stands deposed by various deponents in the statement itself. He has also referred to the Panchnama proceedings which state that at the time of the visit of the factory only one furnace was working and the other was filled with iron scrap etc. The Panchnama has further recorded that the Directors has informed the visiting officer that even though 2400 KVA electricity load stands sanctioned but the same is still to be connected. As such he has arrived at a finding that only one furnace was working and the Revenue s case which is primarily based upon the working of the second furnace cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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