2012 (10) TMI 166

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....Advocate for the Appellants Shri Sanjay Jain, AR for the Respondent Per Archana Wadhwa: As per facts on record appellant is engaged in the manufacture of tyres, tubes and flaps falling under Chapter Heading 40 and was availing the benefit of Cenvat credit on various inputs, capital goods etc. Their factory was visited on 5.5.2010 and on physical verification of raw materials, shortag....

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.... AC of the Central Excise Act. On appeal, the said order was upheld by the Commissioner (Appeals). Hence the present appeal. 3. After hearing both sides, I find that the entire case of the revenue is based upon the panchnama drawn on the date of visit of officers as also on statement of Managing Director. The appellant, while filing the reply to the show cause notice referred to the opening bal....

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....o be of any evidentiary value, in the absence of any evidence to reflect upon the clandestine clearance of raw materials. For the above proposition, he relies upon various decisions including a recent decision of Hon ble Delhi High Court in the case of Commissioner of Income Tax vs. Dhingra Metal Works. 4. In the above decision, the Income Tax authorities sought to rely upon the statement of Di....

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....es of the stock. Reference in this regard can be made to the Tribunal s decision in the case of Lalit Chordia vs. Commissioner of Central Excise, Jaipur II [2012 (150) ELT 584 (Tri-Del)] as also to another decision of the Tribunal in the case of CCE, BBSR-II vs. Rajesh Gadodia [2008 (230) ELT 161 (Tri-Kol)] 5. Inasmuch as there is no evidence on record indicating any removal of raw materials by....