TaxTMI 
TaxTMI 
2007 (2) TMI 503
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....]. - The appellant as well as revenue filed appeals against the impugned order. The brief facts of the case are that the appellants are engaged in the manufacture of MS bars and angels and the raw material is MS ingots. The officers of revenue visited the factory premises of the appellants and it was found during verification that there was excess stock of 13.340 MTs of MS angels and bars. ....
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.... the shortage of raw material on the ground that there is no evidence on record to show that the goods found short were used in the manufacture of final product. The finding of Commissioner is that revenue has failed to produce any corroborative evidence regarding manufacture and clandestine clearance of goods manufactured out of the raw material found short. The Commissioner (Appeals) also reduce....
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....re, confiscation of this 13.340 MTs is not sustainable. In respect of the demand, it is based on the slips, the contention is that these are simply orders placed by the customers and goods were not cleared to them. 5. The contention of revenue is that as the ingots were found short, therefore, these are used in the manufacture of final product. The contention is also that if the demand is no....
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....de. 7. In respect of the demand based on the loose slips, I find that the loose slips, the description of goods is mentioned, the quantity is mentioned given and name of customers as well as vehicle numbers are also mentioned. In these circumstances, I find no merit in the contention of assessee that these are only orders placed by customers. As the mentioning of vehicle number shows that th....