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2016 (2) TMI 761

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.... AR (DR) ORDER Per B Ravichandran The present appeal is against order dated 16/05/2011 passed by Commissioner (Appeals-I), Raipur. The appellants are engaged in the manufacture of MS Ingots/Angles, CTD Bars, MS Plates etc. liable to Central Excise duty. Based on certain investigation conducted with M/s Shri Sita Ispat and Power Pvt. Ltd., manufacturers of Sponge Iron, certain proceedings were i....

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....unsel for the appellant submitted that: (a) the whole case of non-payment of Central Excise duty on the total quantity of 70.349 MT of re-rolled products is based on presumptions with no evidence; (b) based on certain enquiry in the premises of M/s Shri Sita Ispat and Power Pvt. Ltd. the officers proceeded to allege unaccounted receipt of 79.610 MT of Sponge Iron and thereafter calculated the po....

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....) Shri Drolia joined the company as Director on 01/7/2008. During the impugned period, he was neither a Director nor involved in any manner in the activities of the company. He was not associated with any previous Directors of the company. As such, the purported confessional statement of Shri Drolia is of no value. He gave the statement after perusing the statutory records of the appellants and ap....

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....pellant's premises has been made during the investigation. There is absolutely no corroboration relating to transportation of unaccounted sponge iron, payment of amount, manufacture of MS Ingots out of sponge iron and further manufacture of re-rolled products using such ingots, clearance of re-rolled products, details of transport or buyers of such unaccounted final product. Though it is not f....