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TMI Blog2008 (2) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... and Engineers on 8-4-05. On the same day, the other factory premises of M/s. Reliable Industries were visited and a panchnama was also drawn there. On same day, the statement of proprietor was recorded and records were resumed in terms of the panchnama. In the factory premises of M/s. Kalpesh Founders and Engineers, sale bills of M/s. Reliable Industries were found. M/s. Kalpesh Founders and Engineers had admitted in his deposition that M/s. Reliable Industries have no facility for manufacture of C.I. casting that some production of C.I. casting of M/s. Kalpesh Founders were shown on the accounts of M/s. Reliable Industries to remain within the threshold limit of exemption of Rs. 1 crore. The aggregate value of M/s. Kalpesh Founders for 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ately registered unit by Government authorities and was having legal entities, having own balance sheet, electricity bill and sales tax return, dropped the proceedings. Being aggrieved with the said order of the Assistant Commissioner, Revenue has filed an appeal their against before the Commissioner (Appeals), who set aside the impugned order and confirmed the duty amount along with interest and also adjudged the appellant penal liability under Section 11AC to the extent of Rs. 1 lakh. The said order of Commissioner (Appeals) is impugned before the Tribunal. 4. After having heard both the sides and having gone through impugned order of Commissioner (Appeals), I agree with the appellate authority that the Assistant Commissioner was in erro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Industries, who has admitted that their factory was not working for the last two years and the furnace installed in their factory is not operative. All these facts lead only to one inevitable conclusion that the goods in question were being manufactured by the appellant and were being cleared under the sale bills of M/s. Reliable Industries. Commissioner (Appeals) has effectively dealt with the case law relied upon by the Assistant Commissioner for concluding in favour of the appellant and has rightly found them to be not applicable to the facts of the instant case. Learned Consultant submits that no investigation was conducted at the end of the supplier of raw material cannot be found favoured with inasmuch as, the supplier of the raw mat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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