TaxTMI 
TaxTMI 
2005 (4) TMI 431
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....onsultant, for the Appellant. Shri Ajay Saxena, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - The duty of Rs. 69,73,171.81 (Rupees sixty nine lakhs seventy three thousand one hundred seventy one and eighty one paise only) has been confirmed against the appellants along with imposition of personal penalty of Rs. 5 lakhs. In addition, personal penalty of Rs. 2 lakhs h....
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.... the Assistant Commissioner and all other documentary records were being maintained by it. 3. However, subsequently it was found that the inputs used by the appellants was non-duty paid ship breaking scrap and as such the conditions of the notification were not satisfied. Accordingly, show cause notice was issued proposing demand of duty and imposition of penalty. The said notice culminate....
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....f with effect from 1-3-86. As they have purchased the raw materials from the open market, the same was deemed to have been duty paid and the appellants as well as the revenue was under the bona fide impression that the conditions of the notification in question was satisfied and they were entitled to the benefit of the same. 5. Ld. Advocate has also drawn our attention to the fact that all....
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....tter from the auditor requiring the appellants to keep all the documents, including the purchase bills, ready for their verification. There is nothing on record to show that the appellants have refused to produce the purchase bills before the auditors. Mere non initialled of the said documents, does not ipso facto reflect that these documents were not produced before the auditors or the appellants....