TaxTMI 
TaxTMI 
TaxTMI 
2018 (2) TMI 1402
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.... Shri Yogesh Kumar is looking after the day today affairs as per the instruction of his father. 2. On 4.3.2011, a search was conducted at the factory which was engaged in manufacturing of Copper wire rods and registered with Central Excise department. During the course of search, the "Saraswati writing Pad" diary (notebook) was recovered where the details of the finished goods i.e. copper rods manufactured and cleared by them without any bill, were mentioned. Simultaneous search was conducted at the residential premises of Shri Brijesh Kumar from where a cash of Rs. 12,83,000/- was recovered. The appellant is ready to pay duty on these goods. But by the impugned order, the demand of Rs. 6,69,190/- was raised by invoking the extended period....
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....e also submits that learned adjudicating authority has selectively relied on the parts of the statement which is against the rule of law. The correct way of appreciating is that statement must be relied as a whole. The adjudicating authority has committed grave error in adopting the value at the rate of Rs. 433.66 per kg. on the basis of Neelgagan writing pad recovered from Shri Mukesh Kumar Gupta. His client M/s. Tirupati Industries has no relation with said Neelgagan writing pad which was recovered from the premises of Shri Mukesh Kumar Gupta. Lastly, he submits that the value would have to be adopted at the rate of Rs. 400/- per kg. So, he contested the rate calculated by the department. It is also the submission of learned counsel to av....
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....r clandestine manufacture is on the department. It is his submission that the goods manufactured on the basis of job work are not chargeable to duty in terms of notification 214/86. The transaction value need to be re-determined but treating gross amount as cum duty price. No penalty is leviable in the instant case as no provision of Act was violated. 10. It is the submission of the learned counsel that the appellant has machinery to draw the wire out of the wire rods which is dutiable commodity. So, the appellant is entitled for availing Cenvat Credit on the duty paid on wire rod. The appellant is getting the job work charges @ of Rs. 1.50 per kg. for drawing wire from wire rod. Therefore, duty liability is to that extent only. According ....
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.... 12. In the instant case, M/s. Tirupati Industries was clearing copper wire rods to the factory of Mr. Mukesh Kumar Gupta without any Bills or vouchers. Sometimes, kachcha parchies/ vouchers were issued in different names like M/s. Mahabir Industries, M/s. Krishna Metal and M/s. Tirupati Industries. Another Neelgagan note book was recovered from the premises of Mr. Mukesh Kumar Gupta where various entries were mentioned. 13. Mr. Mukesh Kumar Gupta was receiving the copper rods for drawing wires on job work basis and was clearing the goods without any payment of duty. In the entire transaction, no payment was made through banking channels. Every payment was claimed to have been made in cash. Only M/s. Tirupati Industries is registered and ....