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2008 (2) TMI 712

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....the Appellant. Shri K.S. Reddy, SDR, for the Respondent. [Order per : S.L. Peeran, Member (J)]. -  The appellants are required to pre-deposit duty of Rs. 3,71,62,320/- along with penalties. The Revenue has proceeded to recover the amount on the allegation of clandestine manufacture and clearance of final product by the appellant based on entries made in the balance sheet. The proceed....

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....he balance sheet with regard to the removal of the goods. Therefore it led to the conclusion that there was clandestine manufacture and clearance of goods and hence fresh notices were issued based on the entries in the balance sheet. This has resulted in the impugned order. The revenue was directed to file their para-wise comments. The same has been filed by the learned DR. The matter is taken up ....

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....ard to the purchase of raw materials, manufacture and clearance of final goods Therefore, solely based on the entries in the balance-sheet, the demands cannot be confirmed. 2. Learned counsel submits that the appellants' submission that the entries were made on account of earlier order passed against them to reconcile the accounts ought to have been accepted. It is his submission that sinc....

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.... been penalized. They have not stopped that practice. In the present case, the demands have been based on the statements and the entries made in the balance sheet. Therefore, the appellants do not have strong case on merits. He prays for putting the appellants to terms. 4. We have carefully considered the submissions and gone through the impugned order and the records. It is clear from the....