2009 (11) TMI 307

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....avan and M. Kannan, Advocates, for the Appellant. Ms. Indira Sisupal, JDR, for the Respondent. [Order per: Chittaranjan Satapathy, Member (T)].- Heard both sides. 2. Shri R. Raghavan, ld. Advocate appearing for the appellants states that the appellants purchase Cypermethrin from their suppliers on payment of duty and they take credit in respect of the same. However, while recording the re....

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....ortage and the manner of recording quantity received as per 100% purity is required under the SAP system of accounting of the materials followed by the appellants. 3. Heard ld. DR Ms. Indira Sisupal who supports the impugned order and justifies the demand of duty and penalty imposed on the basis of reasoning given in the impugned order. 4. After hearing both sides and going through the case ....

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....y basis has no doubt created a confusion which could have been avoided by recording the actual weight of the received material indicating the actual strength thereof and then converting the same to equivalent quantity of 100% purity. However, no evidence has shown to us either reflecting diversion of any quantity of the raw material nor is there any evidence that they have taken any excess credit ....