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2013 (10) TMI 664

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....R ORDER Per Rakesh Kumar:- The appellant are manufacturers of cast iron sleepers, cast iron pipes and cast iron fan body from Pig iron. In course of visit of the Central Excise Officers to the appellant's factory n 01.10.99, the stock of Cenvat Credit availed Pig Iron, which is the main raw-material, was checked in presence of Sh. B.K. Gupta, Excise Clerk and Sh. Mahesh Chauhan, Chowkidar....

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....enalty of equal amount on the appellant company and also penalty of Rs. 10,000/- on Sh. Binod Kumar Jaiswal, Director of the appellant company. On appeal being filed before the Commissioner (Appeals) the above order of the Deputy Commissioner was upheld vide order-in-appeal dt. 31.01.13 against which is appeal has been filed by the appellant along with stay application. 2. Heard both the sides ....

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.... learned jt. CDR, opposed the stay application by reiterating the findings of the Commissioner (Appeals) and emphasized that the quantity of the Pig Iron had been determined in presence of the appellants Excise Clerk Sh. Bal Kishan Gupta and he could not explain the shortages found by the officers, that Sh. Binod Kumar Jaiswal, Managing Director of the appellant company has not given any evidence....