2016 (12) TMI 380

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.... Kabadi Scrap bundle Nil 20.00 20(+) Being Kabadi Scrap Nil 3. Cast-Iron Scrap (Pig Iron) 123.550 125.000 1.450(+) - - Finished goods 1. Steel Short (HAL 0 to HAL 4) 34.950 68.375 5.387(-) 1,18,272 18,923   Steel Shorts (HAL 5 to HAL 8) 26.151           Steel Shorts (HAL 9 to HAL 11 12.650         2 Steel Grits G 1 90 to 3) 2.800 55.750 0.200(-) 3,900 624   Steel Grits G4 to 6) 18.050           Steel Grits G7 to 10) 35.100         3 Runner/Risers 4.750 4.750 Nil Nil Nil 4 Cl Shots SAI-10-14 1.490 2.050 0 540(-) 7,560 1 ,209   Cl Shots SAI-05-09 0.600           Cl Shots A11.2-04 0.500         5. CIGrits-G120-G3 2.150 5.200 o.146(-) 1,898 303   CI Grits-G04-G-6 1.3....

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....otebooks no. 2 to 6 pertained to SAIL. Separate proceedings stand initiated against SAIL on the basis of Note books No.2 to 6. When officers carried out cross verification of the entries found in notebook No.1 as well as invoices on record it was observed that some entries in notebooks matched with the particulars of sale invoices issued by the assessee. It was found that there were several entries in this notebook which were not mentioned in the sale invoices. These entries pertained to clearances of finished products such as M.S. ingots, runners and risers and also scrap. Several entries pertained to receipt of sale proceeds and also clearance of such raw materials. Officers also recovered some loose papers wherein date wise particulars of raw material and finished goods cleared, numbers of trucks used for transportation and names of the suppliers were also mentioned. 6. The officers cross verified the entries in the note book No.1 recovered from the factory premises of M/s. SAIL and compared the same with the particulars of sale invoices and prepared charts listing out the entries where goods have been cleared but invoices have not been issued. Shri N.P. Tekriwal, Director wa....

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.... Order-in-Original of confirmation of duty. The main grounds on which the impugned order has been challenged by Revenue are as follows:- (i) The demand has been raised based on the loose papers, kachcha papers, and private note books recovered from the possession of the assessee during the search proceedings. (ii) Shri S.N. Sharma, authorised person of the assessee has admitted that the recovered documents were related to the date wise receipt of raw material and clearances of finished goods with and without payment of duty. (iii) Shri N.P. Tekriwal, Director has given confessional statement dated 7.6.2003 in which he has expressed his satisfaction with the procedure of stock taking and admitted the shortages noticed in respect of raw materials as well as finished products. He has further admitted that private records recovered contained details of receipt of raw materials and finished products cleared with and without payment of duty. He has admitted the details in the tabulation chart prepared by the Revenue on the basis of the private records recovered from the factory. The statement of Shri Tekriwal has never been retracted; consequently it is a piece of evidence. They....

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.... as finished products resulted in shortages detected in the stock of raw materials as well as finished products. The manner of stock taking was to the satisfaction of Shri N.P. Tekriwal, Director who was present throughout the proceedings. The shortages also stand admitted by Shri N.P. Tekriwal and the duty due on raw materials as well as the finished product found short stand already paid by them to the extent of Rs. 1,58,453/-. 13. Several loose sheets as well as six private note books have been recovered by the officers from the premises of M/s. SAIL. The entire demand is based on the entries found in the note book as well as on the confessional statement of the Director. Out of the notebooks recovered, the notebook No. 1 relates to entries of receipt of raw materials as well as clearance of finished products of M/s Hi-Tech Abrasives Ltd. It is on record that the departmental officers have compared entries found in the note book No.1 with the invoices on record for clearance of finished products. Charts have been prepared by listing all those clearances which have been made without issuing invoices; such charts have been show to the Director Shri Tekriwal. After considering t....