2017 (3) TMI 1073

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....DER The present appeal filed by Revenue is directed against the Order-in-Appeal dated 18.08.2010 passed by the Commissioner (Appeals), Raipur. The respondent is a manufacturer of sponge iron. During the course of visit of the officers to the respondent factory on 08.01.2008, the officers checked the stock of finished product i.e. sponge and compared the same with the recorded stock in the statu....

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.....915 MT alleged to have been cleared clandestinely. He also imposed penalty of an equal amount and ordered for payment of interest and appropriation of an amount of Rs. 8,21,483/-, which has already deposited by the respondent. 2. The respondent challenged the Original Order before the Commissioner (Appeals), who set aside the entire demand by passing the impugned order. Aggrieved by the impugn....

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.... tonnes of finished product. Estimating such huge stock of finished products by the technique of eye estimation or dip-reading method will not give accurate result and the alleged shortage of 332.315 MT cannot be presumed to be cleared clandestinely. Out of the above, 250 MT, was infact, stored outside the bunkers, which was not taken into account. After subtracting this figure, the resultant shor....

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....he respondent has further submitted that the officers have failed to take into account 250 MT sponge iron, which was not stored in bunkers. The Commissioner (Appeals) has held that the above stock of Sponge iron lying in the factory was not correctly arrived at and hence, demand is not sustainable. I am in agreement with the above findings of the Commissioner (Appeals) and I find no reasons to int....