2018 (4) TMI 1025

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....the concessional rate of duty @ 9.6% adv. under Notification No. 9/2003-CE on the clearances of their finished goods, in the financial year 2003-2004 as the aggregate value of clearances during the previous year 2002-2003 remained within the limit of Rs. 3 crores. Based on an intelligence, the officers of central excise visited the factory of the appellant No. 1 and found that there was shortage of the stock of CTD/M.S. Round Bars less by 107.0271 M.T. valued at Rs. 15,39,339/- involving Central Excise duty of Rs. 2,46,294/- and stock of M. S. waste and scrap was short/less by 118.664 M.T. valued at Rs. 1,30,648/- involving Central Excise duty of Rs. 20,9044/-. The statements of Power of Attorney of appellant No. 1 and partner of appellant ....

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....he appellant No. 1 had cleared 250 M.T. between 28.05.2003 to 09.06.2003 while there was no production in their factory from 26.05.2003 to 31.05.2003. He submits copies of the Daily Stock Account (RG-I Register) for the month of May 2003 and June 2003 and statements of finished goods from 28.05.2003 to 09.06.2003 and statement of clearance of waste and scrap and bill dated 30.08.2003. He also submitted the copies of ER-3 Returns for 2003-2004 and quarterly ER-I Return for July, August and September filed on 15.10.2003. Contention is that the documentary evidence was not considered by Commissioner (Appeals), it was also contented that the benefit of small scale exemption had been unfairly denied to them merely on presumption. He relied upon ....