TaxTMI 
TaxTMI 
2017 (11) TMI 1176
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.....Baldeo Metals (BM) and M/s. Khachermal Agarwal Metal Works (KA) are business entities who are engaged in manufacturing copper wire. A search was conducted in the business premises on 2.8.1999. A search was conducted at the residence of Shri Shyam Bihari Goyal, Director of Baldeo Metal on 23.8.99. During the course of search, it was alleged that kachi parchies were recovered from residence of assessee. Therefore, SSI exemption was denied and case of clandestine removal have been made. Being aggrieved the present appeal has been filed by the appellants. 3. With this background, Shri S Sunil, learned counsel for the appellant submits that said kacha parchies were not recovered from the residence of Shri Shyam Bihari Goyal but he was called i....
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....mises of Shyam Bihari Goyal, where panchnama was filed unsigned without mentioning what was recovered. During the search of Baldeo Metal some excess material was found which remained unexplained.. At the time of search on 22.8.99 Shri Shyam Bihari Goyal was unwell and his statement was recorded on 23.8.99 i.e. his statement was recorded after a gap of 21 days. It is the submission of the learned representative of the department that retraction was made before Additional City Magistrate and was not before the officer who originally recorded the statement. He submits that it was retracted as after thought and after getting the legal advise. Lastly, he justified the impugned order. 5. We have gone through the material available on record. 6.....
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.... that the only link between the kaccha parchies and the company BM is through the statement of Shri SB Goyal which has since been retracted before the Hon'ble ACMM on 24.08.1999. The counter submission of Revenue is that the retraction of confessional statement should be addressed to the same officers to whom the confessional statement was given and the retraction made before Judicial Magistrate cannot be taken cognizance. 9. We have perused the Annexure to the Panchnama dated 02.08.1999 prepared after the search at the residential premises of Shri SB Goyal. We note that there is no specific mention of the kaccha parchies in the panchnama but there is a mention of a file containing assorted papers. Hence, it can neither be concluded that t....