2016 (3) TMI 195

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....as raw materials involving total duty/CENVAT Credit amounting to Rs. 13,82,054. The respondent paid the said amount immediately within a fortnight except for Rs. 44,042/- involving alleged removal of 99.09 MT against delivery challan dated 17.01.2007. On adjudication, the demand was confirmed and penalty of equivalent amount was imposed. Aggrieved by the said order, the respondent filed an appeal before the ld.Commissioner(Appeals) challenging the confirmation of demand and imposition of penalty. The ld.Commissioner(Appeals) after analyzing the evidences on record set aside the impugned order and allowed the appeal. Aggrieved by the said order, the Revenue is in appeal before this forum. 3. The ld.AR for the Revenue assailing the impugne....

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....igation was carried out by the department from the consignee mentioned in the said challan as to whether the goods were received by the said consignee. Therefore, the order of the ld.Commissioner(Appeals) does not suffer from any infirmity, hence be upheld. 5. Heard both sides and perused the records. I find that on the date of visit of the officers on 18.01.2007, a joint stock verification was carried out whereunder finished goods, namely, ingots weighing 253.763 MT involving total duty of Rs. 6,21,212/- and various raw materials like sponge iron, pig iron and scrap totally weighing 480.660 MT involving CENVAT Credit of Rs. 7,16,800/- were found short. On recording the statement of the factory manager Shri Subhash Agarwal on the same da....