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TMI Blog2019 (5) TMI 1340X X X X Extracts X X X X X X X X Extracts X X X X ..... nits located in their jurisdiction who were purchasing Menthol Solution and Dementholised Oil from Jammu & Kashmir based units. The Meerut Commissionerate searched the premises of various commission agents and buyers as well as sellers of Manthol Solution & DMO. The officers found that commission agents are neither maintaining proper record of sale of raw material nor purchased the raw material. The commission agents had issued Kissan Kharid Patra to various farmers whereas the investigation conducted at the end of farmers indicates that the farmers are non existence. On the basis of investigation at the end of commission agents and farmers, the Merrut Commissionerate concluded that J&K based units are not purchasing raw material, so there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gnments found reported at the barriers. It is his further submissions that the appellants under RTI sought information from Excise and Taxation Commissioner, Punjab as well as Deputy Commissioner, Toll Post Lakhanpur and as per the report, the goods were transported to the appellant's factory and there were movements from the appellant's factory to the buyers. The Commissioner of Central Excise, Jammu vide report dated 21.05.2010 questioned issue of show cause notice wherein it has been opined that entries of raw material DIC Officers had regularly verified purchase consignments; range officers time to time visited factories and nothing adverse was reported. A similar report dated 28.04.2010 was prepared by preventive staff, Jammu. On the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the investigation, it is alleged that farmers from whom the inputs were purchased were non-existence. Therefore, commission agents never supplied inputs to the appellants and the appellants did not manufacture the goods. Consequently, they have not sold the goods and it was alleged that the appellants have not manufactured the goods at all. 7. We also take a note of the fact that on identical issue a show cause notice was issued to one M/s Nanda Mint and Pine Chemical Ltd. and in that case, this Tribunal after examining the above said records similar in the case of the appellant observed as under:- "7. We take a note of the fact that the check post movement of trucks which were carrying inputs as well as finished goods were found en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed at Jammu were bogus units, these units did not have any infrastructure to manufacture the said products, were non-functional and Transporters who did not tum up for tendering statements were declared non-existent etc. however, on close scrutiny of the records, the following facts emerges: (i) Most of the consignments of raw material were found entered at the Toll barrier. (ii) The Officers of District Industry Centre, who have assessed and fixed the capacity of manufacturing units, have been regularly verifying their purchase consignments. (iii) The Range staff had also been visiting these units for PBC Checks/verification of plant/machineries and reported nothing adverse against these units. 6. Therefore, it may not be strongly al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same investigation conducted by the Commissioner of Central Excise, Merrut, the case was booked against the various parties namely M/s Arora Aromatic & Others Vide Final Order No. 71939- 71959/2017 dated 01.11.2017, this Tribunal observed as under: "10. Having considered the rival contentions and on perusal of the facts on record, we find that the basic allegations in the Show Cause Notice was that M/s Arora Aromatics did not receive inputs on which they availed Cenvat credit basically on the contention of Revenue that M/s Ruchi Infotech System, Jammu did not have facility to manufacture the inputs received by M/s Arora Aromatics and that the goods did not move from Jammu & Kashmir to the appellants factory and therefore, Cenvat credi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... additional evidence submitted by the appellant indicated that in respect of units in Jammu, Central Excise Officers visited the factory premises and seen that the manufacturing process going on was evidence by them and such evidences being on record and submitted by the appellant it was the duty of the Original Authority to accept them and not to discard by saying that the Officers have not seen the goods being manufactured by their own eyes. Further, the receipt of inputs was verified by the Officers of Central Excise Department and sample of the same were also drawn and forwarded for Chemical Examination. Such evidence was also not accepted by the Original Authority, Therefore, it appears that the Original Authority was pre-determined to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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