TaxTMI 
TaxTMI 
2013 (9) TMI 458
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....entical amount. In addition, penalties stand imposed on the other applicants. 2. After hearing both the sides duly represented by Shri Kamal Jeet Singh, ld. Advocate appearing for the appellants and Shri Devender Singh, ld. A.R. appearing for the Revenue, we find that M/s Sardar Metal Industries was engaged in the manufacture of tin containers with the aid of power which are liable to duty of excise. However, as per the appellant, as their clearances were below small scale exemption limit, no duty was being paid by them. The other two units working in the name and style of M/s Ram Containers and M/s Arjun Enterprises are also engaged in the manufacture of tin containers without the aid of power and were enjoying unconditional exemption. ....
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....n existence or not having documentary evidence to reflect upon the fact of manufacturing goods on job work basis. Further statement of supervisor of M/s Arjun Enterprises was also recorded which revealed that the said unit was also never engaged in the manufacture of metal containers inasmuch as they were manufacturing plastic containers. However, it was found that Ram Containers were maintaining two parallel bill books for the same period bearing same serial No. and Sanjay Arora, owner of M/s Ram Containers submitted that they were also doing trading tin containers. However, the revenue approached the buyers, who deposed that they have received the tin containers from Sardar Metal Industries under the cover of two parallel bills and not fr....
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.... the year 1999 and his son was looking after the working of the said unit. The said unit stands sold by them to M/s N.K. Steel & Fabrication in the year 2003 as is clear from the tripartite agreement entered into between the appellant, purchaser and Allahabad Bank to whom the factory was mortgaged. As such, he prays for grant of unconditional stay on the merits of the case as well as on financial condition of the appellants. 7. Ld. Jt. CDR appearing for the Revenue has drawn our attention to the various evidences discussed in the impugned order. He specifically submits that apart from recovery of register and parallel set of invoices belonging to Ram Containers, bill book was also recovered from the appellant premises. He also submits th....
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....nterprises, as if the same were manufacturing the goods without the aid of power. As regards the financial condition, we note that M/s Sardar Metal Industries stands sold in the year 2003. However, the other aspect of the financial position does not stand disclosed on record. Ld. Advocate draws our attention to income tax return filed by Sanjay Arora of M/s Sardar Metal Industries. However, the contention of ld. Jt. CDR is that when the goods manufactured by the said applicant were being sold in the name of the other two units, income tax returns are bound to reflect the low income of the applicant as the consideration of clandestine clearance as never reflected in the statutory documents. We prima facie agree with the contention of ld. Jt.....