2018 (3) TMI 1378

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....ron and steel ingots as raw-material. The appellant avails the benefit of Cenvat Credit in respect of the inputs procured on payment of Central Excise Duty. Acting on an intelligence that the appellant is indulged into clandestine manufacture of goods, the Central Excise Officers visited the factory premises of the appellant and drawn the Panchnama on 9/10.02.2016. During the course of scrutiny of records vis-a-vis the physical stock of finished goods and rawmaterials available in the factory, the Department observed that there was excess stock of 48.870 M.T. of raw-material i.e. bloom/billet and 28.578 M.T. of finished products namely, MS Tubes. It was further detected that there was shortage of 30.450 MT in the stock of the finished produ....

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....sed on the unsigned statement, the duty demand cannot be sustained. It is his further submission that since the Department has not specifically produced any material evidence to show clandestine removal of goods from the factory, the charges levelled and the demand confirmed on the appellant cannot be sustained. 3. On the other hand, the ld. D.R. appearing for the Revenue submits that the explanation furnished by the appellant regarding the stock position was not supported with any documentary evidence and accordingly, the submissions made regarding no discrepancy in the stock cannot be considered and duty demand confirmed on the ground of clandestine removal of goods is sustainable. He further submits that since the physical verificatio....