2018 (5) TMI 768

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.....C. Saini, D.R. PER: S.K. MOHANTY This appeal is directed against the impugned order dated 28.09.2017 passed by the Commissioner (Appeals), Central Excise, Customs and Service Tax, Raipur. 2. Brief facts of the case are that the appellant is engaged in manufacture of MS ingots and TMT Bar, falling under Chapter 72 of the First Schedule to the Central Excise Tariff Act, 1985. Based on the ....

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....nts recorded from Shri Manoj Sharma, the Department proceeded against the appellant for confirmation of the duty demand and for imposition of penalty. The matter was adjudicated vide order dated 31.10.2016. wherein Central Excise duty demand of Rs. 2,01,061/- alongwith interest was confirmed and equal amount of penalty was imposed on the appellant. On appeal, ld. Commissioner (Appeals), vide the i....

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....iterates the findings recorded in the impugned order and further submits that since Shri Manoj Sharma, the General Manager and Authorized Signatory of the company has stated in clear terms that he has accepted the method of stock taking and also undertook to deposit the duty on the next date, the said statement having not been retracted subsequently, cannot be discarded to support the case of the ....

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....gement about the details of stock found, shortage detected and the duty calculation method. He had also submitted that as the duty was correctly calculated it would be deposited by the next day. Shri Manoj Sharma who was looking after the day to day work related to purchase, store, handling, loading & unloading and other repair & maintenance work of plant was present during the Panchnama procee....