9911796707
TMI Blog2001 (5) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... peals). 2. The brief facts of the case are that the appellants M/s Gian Castings Ltd. are engaged in the manufacture of M.S. Ingots. On 10-5-1995, the Officers of the Revenue Department visited the factory and on physical verification of the stock of Ingots a shortage of 31.190 MTs of Ingots were found. During the search six Dharmkanda slips and one hand written slip were recovered from the Gate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght of M.S. Ingots were recorded in their RG-I record on estimate basis. Shri Mahender Gupta in his statement at the time of visit of the Revenue Officers explained that the weight was being recorded on the average basis as when the Ingots were removed from the furnace, the Ingots were too hot at the temperature of 600Oc and, therefore, it was not possible to physically weigh the Ingots. This prac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts stated that the trucks were used to transport the Ingots manufactured by M/s. Gian Castings Ltd. and M/s. Taksus Steels (P) Ltd. and scrap of M/s. H.K. Steels. The Revenue is relying upon the 108 entries of Dharmkanda. The appellants are able to reconcile 105 entries out of the 108 entries. In respect of three entries, he produced an invoice No. 17, dated 17-4-1995 of M/s. Gian Castings Ltd. a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... belated defence. The appellant also submits that in the impugned order the adjudicating authority relied upon the theft case booked by Electricity Board of the appellant as a corroborative evidence but there is nothing on record to show what ultimately happened to that case, the amount involved in electricity theft case is Rs. 51,45,139.37. Therefore, the allegation by the Electricity Board in re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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