2000 (7) TMI 726

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....ant. Shri R.K. Roy, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. -  Vide the impugned order Commissioner of Central Excise, Bhubaneswar has confirmed a demand of duty of Rs. 27,04,546/- against the appellants and has imposed personal penalty of Rs. 3 lakhs. The above confirmation of demand of duty is based upon the comparison of figures of manufacture and cleara....

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....ts of the steel plants and publish annual statistics which is in circulation within a period of two months from the close of the financial year. The method of compilation adopted by the statistical department is completely different from that required for the maintenance of Central Excise records. The 'order department' of RSP under General Manager, Materials Management keeps record and despatch a....

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.... for actual clearance based on RR vis-a-vis despatch advice issued by the concerned shop and the difference between the sectional weight and the actual weight. 6. As regards the CR coil the appellants have contended that the difference between the annual statistics and RT-12 figures is primarily due to difference in clubbing of 'seconds' of CR coils. 7. It has also been explained t....

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....e and clearance is upon the Revenue and required to be proved by production of sufficient evidence. There is nothing on record to show that the appellants have been indulging into excess clearances without payment of duty. The appellants have satisfactorily explained the difference between the figures as reflected in annual financial account and those entered in RG-1 for each and every item. As su....