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TMI Blog2019 (5) TMI 1565X X X X Extracts X X X X X X X X Extracts X X X X ..... equently retracted by him vide letter dated 14.04.1996 which was received by the Department on 17.04.1996 - Apart from above, there is no evidence on record indicating the sale of the sulphuric acid and the purchase of the spent sulphuric acid. It is well settled law that the retracted statements cannot be made the basis for holding against the assessee unless the same are corroborated in material particulars by independent and reliable evidences. In the absence of any evidence to the contrary, I find not merits in the Revenue s stand. As per the appellant such consignment of duty free procurement were verified by their Jurisdictional Central Excise officers and no discrepancies were ever found. The Commissioner (Appeals) observed tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d learned A.R. Shri Mohammad Altaf appearing on behalf of the Revenue, I find that the appellants are engaged in the manufacture of Single Super Phosphate Fertilizer (hereinafter refer to as SSP) . The main raw material for the manufacture of the said product is Sulphuric Acid which appellant were procuring from the manufacturers without payment of duty and by following Chapter X procedures in terms of the provisions of Notification No.7/94-CE dated 01.03.1094. 2. The appellant s factory was put to search on 18.10.1995 and the statements of the Director was recorded wherein he deposed that the duty free procurement of sulphuric acid is sold by them in open market and instead they purchased spent sulphuric acid which is be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... phuric acid. The matter does not stand further investigated by the Revenue as to who were the purchasers of duty free sulphuric acid. There is also nothing on record to show as to from whom the spent sulphuric acid was purchased by the appellant. It is well settled law that the retracted statements cannot be made the basis for holding against the assessee unless the same are corroborated in material particulars by independent and reliable evidences. In the absence of any evidence to the contrary, I find not merits in the Revenue s stand. 5. Further, I note that in terms of Chapter X procedure, the raw material procured by assessee are required to be verified by Jurisdictional Central Excise Officer inasmuch as they are receiv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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