TaxTMI 
TaxTMI 
2018 (4) TMI 719
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....lier, namely, M/s Shri Ambika Ispat P Ltd. (AIPL in short) on 15.12.2010 wherein a shortage of sponge iron was detected. On Show Cause Notice being issued to the said AIPL, they settled the dispute before Settlement Commission vide Final Order dated 13.11.2013. Thereafter, the DGCEI office took further investigation and inquiries were made from few transporters whose name appear in the material gate passes and weighbridge record of Ambika Ispat. It is note worthy to mention that these incriminating documents were seized from the room of Shri Bidur Gupta, peon of AIPL, located outside the factory premises. The transporters confirmed the transport of the goods from AIPL to other furnace units located in Raigarh. DGCEI officer ascertained the ....
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....ceive the impugned sponge iron from AIPL. He further declined to comment on deposition of transporter. Mr. Ghansi Ram Agarwal, has further stated that they procured material sponge iron, scrap pig iron which are further used in the manufacture of ingot, which are removed upon payment of appropriate excise duty. It appeared to Revenue that the authorized signatory - Mr. Ghansi Ram Agarwal is trying to misguide the investigation and accordingly SCN was issued dated 26.8.2015 proposing to demand duty of Rs. 10,16,037/- invoking extended period of limitation alleging clandestine removal of 398.6 40 MT of in g o t s valued at Rs. 98, 64, 4 35/ -, allegedly manufactured out of allegedly received sponge iron from AIPL, with propose d to impose pen....
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....and removal of the same by appellant is not established in the facts and circumstances of clandestine clearance of sponge iron from AIPL. Revenue has not brought any evidence on record as regards the procurement of raw material, consumption of higher material, receipt of money upon sale, name of any buyer to whom clearance were made, etc. 9. Shri Ghansi Ram Agarwal further stated that investigations were done in the premises of Ambika Ispat during the period 2010 and show cause notice was issued in September, 2012 on M/s AIPL. Accordingly, the show cause notice on appellant (dated 26.08.2015) was issued, by invoking the extended period of limitation, after more than 12 months since September, 2012. Accordingly, he pleads for allowing the a....