2018 (5) TMI 1344

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....al) Present for the Appellant: ShriV.M.Doiphode, Advocate Present for the Respondent: ShriAtulHanda,AR PER: ASHOK JINDAL The appellants are in appeal against the impugned order wherein the demand of duty has been confirmed on the charge of undervaluation along with interest and penalties were imposed on all the appellants. 2. The facts of the case are that the appellants are manufac....

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....und that the appellants are manufacturing SS ingots under the guise of MS ingots, therefore, undervalued their goods. Consequently, if the value of SS ingots is taken into account, they have crossed SSI exemption limit, therefore, they are liable to pay duty. The matters were adjudicated and it was held that the appellant is manufacturing SS ingots, as the appellant has crossed the SSI exemption l....

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....inst the appellant is the statement recorded during investigation. But when statements were examined it was found that none of the buyers has stated that they have received SS ingots in fact the statement of the buyer is that that they have received the goods as per invoices and admittedly the invoices were issued for MS ingots, therefore, the impugned orders to be set aside. 4. On the other ha....

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....ng the impugned period, the appellant were manufacturing SS ingots only, the benefit of doubt goes in favour of the appellants. Moreover, the Commissioner (Appeals) has allowed the cenvat credit on MS scrap found nil stock which shows that the appellants were also manufacturing MS ingots. The question of MS scrap found in the factory is not disputed, therefore, the show cause notices were issued t....