2009 (2) TMI 652

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....ants are the manufacturers of Aluminum Alloy Ingots, which are excisable. The Anti-Evasion officers of Hyderabad Commissionerate conducted investigations and recover certain incriminating records from the premises of the appellants. There were some discrepancies with regard to stock position of finished goods as well as raw materials. On the request of the appellants, some of the detained goods were later released. However, in respect of certain goods, namely, 73 Kgs of LM 25 valued at Rs. 7,519/-, 1500 Kgs of Aluminium sheet scrap valued at Rs. 1,35,000/- and 500 Kgs of Aluminium channel scrap valued at Rs. 45,000/-, the appellants could not produce any documentary evidence. Hence, they were seized. Statements of Shri M. Venugopal Reddy, M....

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....;The learned Advocate urged the following points : (a)     Revenue has relied on "RM outside disposal book" which has been submitted by the appellants themselves vide their letter dated 1-8-2005. This book was not recovered by the officers during their visit on 22-7-2005 to the factory. It was stated that this bock was prepared at the insistence of investigating authorities. It contained many discrepancies. (b)     The Managing Director has specifically stated that Aluminium hollow profiles, which contain basically Aluminium in any form can be used as input, as the process requires only melting and adding of certain alloys. The Department has mistakenly understood that the appellants cannot use ....