TaxTMI 
TaxTMI 
2016 (2) TMI 763
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.... imposition of penalties. Since the issue involved is identical, these appeals are taken up together. 2. The brief facts of the case are that the officers of DGCEI, Raipur, based on certain intelligence, conducted certain search and inquiry with reference to activities of M/s. Indian Steel and Power Pvt. Ltd., Raipur. During the course of verification of the documents and pen drive recovered from the City office of the said company, officers recovered certain details of clearance of consignments of sponge iron from the ledger account of 'Sales Local' for the year 2011-12. These clearances were suspected to be without payment of duty and without issuing central excise invoice. Shri Pankaj Jain, Director of the said company admitted such non....
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....respective units, first into M.S. Ingots and thereafter into M.S. Angles and plates. There are no corroborative evidences regarding details of sales of finished goods including transportation, money receipt, etc. As such, she submitted that the demand and penalty confirmed against the appellant are legally unsustainable. She relied on the various case laws in support of her defence. 5. Ld. AR reiterated the findings in the impugned orders and stated that the Director of the Supplier Company as well as the Director/Partner of the receiving companies admitted the unaccounted sales/receipt of sponge iron and manufacture thereafter into finished product. Hence, there is sufficient corroboration in the case. Ld. AR submitted that when there is ....
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.... by the ld. AR, M/s. S.M. Steel Ropes (supra), there was recovery of delivery challans from the appellants premises during the investigation. These were corroborated by the statement of the Director, who admitted to the turnover of the company. In the present set of appeals, there is no corroboration of the admission made by the Director/partner of the appellant/assesses. In Hissar Pipes Pvt. Ltd. - 2015 (317) ELT 136 (Tribunal-Delhi) examined the various case laws in a similar sets of circumstances. The Tribunal relying on the decision in Commissiioner Vs. Manoj Kumar Pani - 2010 (260) ELT 92 (Tribunal), Tejwal Dyestuff Industries - 2007 (216) ELT 310 (Tribunal) and Hon'ble Delhi High Court in Dhingra Metal Works - 2010-TIOL-693-HC-DEL-IT....