2018 (5) TMI 1655

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ber (Technical) Present Shri R.K. Verma, Advocate for the appellant Present Shri S.K. Bansal, DR for the respondent ORDER Per: Justice Dr. Satish Chandra The present appeal is filed against the Order-in-Original No. 04/2017 dated 10/02/2017. 2. The brief facts of the case are that the appellants are engaged in the manufacture of Sponge Iron. The search were conducted at the busin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....partment is the diary seized from Shri Mohammed Nazirooddin Sheikh. According to the Department he was supplying iron ore but later in his statement and also in the cross examination he denied this charge. He submits that a penalty of Rs. 1 Lakh was imposed by the Commissioner but he has not filed any appeal before the Tribunal. He has drawn our attention to page 256 of the paper book where the st....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Shri Ramanand Agarwal has surrendered a sum of Rs. 25 Lakhs voluntarily. Shri Arun Gupta ex-director of the company has justified the entries in the diary maintained and written by Shri Mohammed Nazirooddin Sheikh. 6. We have heard both the parties at length and gone through the material available on record. 7. In the instant case the sole basis for demanding the duty is the diary and loose....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r was made under the compulsion by the Department. 8. Clandestine removal is a very serious charge which has not been proved by the Department and no corroborative evidence was there except the loose papers which are still ambiguous as the names of the other clients were mentioned in the papers. No shortage was found pertaining to the raw material or finished goods. 9. It may mention that th....