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2020 (2) TMI 624

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..... ant Shri A.S. Gill, Advocate, for the Respondent ORDER Per: Dr. D.M. Misra This is an appeal filed by the Revenue, against Order-in-Original No.09/BR-0/Th-I/2011 dated 31.01.2011. 2. Briefly stated the facts of the case are that the Respondents are engaged in the manufacture of TMT Bars and Mild Steel Ingots falling under Chapter 72 of Central Excise Tariff Act, 1985. On the basis of searches .....

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..... notice has been issued to the appellant. He submits that even though overwhelming oral and documentary evidences have been brought on record to establish the clandestine manufacture and clearance of finished goods, the learned Commissioner has not analysed any of these evidences and simply quoting various judgments, dropped the proceedings. Learned AR for the Revenue submits that when the impugned .....

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..... of detailed investigation, Revenue has issued demand notice alleging clandestine manufacture and clearance of the goods. The evidence brought on record includes statements of various persons concerned, records withdrawn from the premises of the appellants etc. We find that the learned Commissioner has not recorded the reasons while analyzing these evidences in detail about its reliance and reliabi .....

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..... esh and record reasons on the same in arriving at any conclusion as a result of analysis of the basis of evidences vis-à-vis the allegations leveled in the show cause notice. All issues are kept open. Needless to mention that a reasonable opportunity of hearing be extended to the respondents. Revenue's appeal is allowed by way of remand. (Dictated and pronounced in open court)
Case law .....

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