2013 (11) TMI 982

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....ri, Director of the appellant Company. The stock of HR Sheets available in the factory in respect of which Cenvat Credit had been availed, was determined and on comparing the same with the stock as per the records, there was shortage of 39.195 MT involving Cenvat Credit demand of Rs. 1,60,508/-. Sh.Naresh Kumar Puri, at that time admitted the shortage. Subsequently after issue of Show Cause Notice, the Jurisdictional Assistant Commissioner vide order-in-original dt. 17.06.09 confirmed the Cenvat Credit demand of Rs.1,60,508/- along with interest and imposed penalty of equal amount on the appellant company and penalty of Rs. 10,000/- on Sh. Naresh Kumar Puri, Director of the appellant company. In course of proceedings before the Assistant Co....

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....ermined in the presence of Sh. Naresh Kumar Puri, Director of the appellant company and two panch witness, the weight had not been determined by actual weighment but had been determined by the estimation, that in this regard Sh. Naresh Kumar Puri has stated that there was no shortage of HR Sheets available in the factory and that in view of this the duty demand is not correct. He also pointed out that in view of the Commissioner (Appeals)'s findings with regard to penalty that there was no clandestine removal, no duty can be remanded. He, therefore, pleaded that the impugned order upholding confirmation on duty demand is not sustainable. 4. Sh. Davinder Singh, learned Jt. CDR, supporting the impugned order with regard to upholding the co....

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....sputed that at that time Sh. Puri had not recorded any protest regarding method of weighment and on the contrary had agreed with the weighment done and had signed the verification report prepared by the officers on the spot. Sh. Puri at that time in his statement, had stated that he accepts the shortage and had agreed to pay the Cenvat Credit involved on the HR Sheets found short. Though subsequently at the time of proceedings before Assistant Commissioner, Sh. Puri as well as panch and witness retracted their earlier statements stating that method of determining weight of HR Sheets was not correct, and actually no weighment weight had been done, this plea has not been accepted. Thus the only plea of the appellant against the confirmation o....