2014 (5) TMI 756

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....i Rahul Gajera, Advocate For the Respondent : Shri K. Shivakumar, A.R. JUDGEMENT Per : Mr. H.K. Thakur; This stay application has been filed by the main appellant M/s. Systemic Steel Industries Limited, Silvassa to stay the operation of Order-in-Appeal No. SRP/217/Vapi/2012-13 dated 15.01.2012. Other appellants upon whom penalties have been imposed are Director, General Manager and Authorise....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... as per their statement of facts at serial No. 7(iii) of the appeal filed before the first appellate authority but he has brushed aside these submissions as per Para 6 of the OIA dated 15.01.2013. 2.2. It was also his case that with respect to non-receipt of 50.402MT imported Zinc Ingot, involving cenvat credit of Rs. 10,97,563/-, that the same were received in their factory and used in the manuf....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....has been confirmed that the related vehicle was capable of carrying the quantity of ingots shown in the record. It was also argued that cross examination of the persons whose statements were relied upon by the Revenue were not allowed. 3. Shri K. Sivakumar (AR) appearing on behalf of the Revenue argued that there is a clear cut admission of Shri Borah, Security officer and Shri Muralidharan Gopin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....statement of the appellant that the inputs were received and utilised in their factory for manufacture of dutiable goods and also that the statement of transporters were not recorded. There is also no allegation that Zinc Ingots imported were found diverted to some other place or that any representative of such diverted goods were seized by the investigation. It is also difficult to appreciate as ....