2014 (10) TMI 88

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.... stay applications have been filed by the appellants for staying the operation of OIO No.VAP-EXCUS-000-COM-061-13-14, dt.22.11.2013 passed by Commissioner of Central Excise Customs & Service Tax Commissionerate, Vapi. Under this OIO, a demand of Rs. 3,13,35,656/- has been confirmed against the main appellant  M/s Nissan Copper Limited, Silvassa, along with interest, and an equivalent amount of penalty has also been imposed. Penalties of Rs. 35 lakh and Rs. 2 lakh have also been imposed upon Shri Sanjay Mardia and Shri Ajay Nirmal, who are respectively the Chairman and Authorized signatory of the main appellant. 2. Shri V.M. Doiphode (Advocate) appearing on behalf of the appellants argued that a case of clandestine removal of importe....

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....tock taking in appellant's factory the entire stock of raw material and finished goods was found tallied. He emphasized that there is no other corroborative evidence to support any clandestine removal made by the appellants. Even the statements of Chairman and Authorised signatory do not say anywhere that imported pipes were clandestinely removed elsewhere as such. That no seizure of any imported pipes was made anywhere in the investigation and that there is no indication that any extra raw material was procured by the main appellant to manufacture and clear high diameter pipes. He also pleaded financial hardship as the unit is closed for the past 3= years and there are accumulated losses of Rs. 198 crore as per the balance sheet of the mai....

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....melting and making of copper tubes of higher dimensions. It is the case of the appellants that during stock taking of the factory premises of the main appellant, no grave discrepancies were found and Commissioner has not disputed that imported copper tubes can be remelted to make out higher diameter tubes. We find it so as discussed by adjudicating authority in Para 41.16 of the OIO dt.22.11.2013. We also find that in Para 41.16 of the OIO he has also opined that even if there is no evidence of clandestine removal of pipes still he is holding that appellant is not able to justify their claim of remelting of imported copper pipes conclusively. It is also observed that adjudicating authority has found such practice of issuing copper pipes for....