2018 (7) TMI 1779

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....ng under chapter 73 of the first schedule to the Central Excise Tariff Act, 1985 and the second Appellant Shri Manoj Goel is the Director of the company. 2. The officers of Anti-Evasion, Central Excise visited the appellant's factory on 30.01.2013 and conducted various checks and verifications. As a result of stock-taking, the officers noticed NIL stock of pig iron, even though the Cenvat Credit account was showing the existence of pig iron involving credit of Rs. 5,58,625/-. The officers also found a dispatch log sheet file indicating clearances of the finished goods during the period 01.10.2012 to 12.01.2013 which clearances were not entered in the statutory records. Statement of Shri Manoj Goel, Director of the company was reco....

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....invoice and no reasonable prudent man would make both the types of entries in the same very register. Further in the absence of any evidence to show the alleged manufacture of the excess goods, the receipt of raw materials, the identity of the transporters and the buyers, the findings of clandestine removal are unsustainable. I note that admittedly the entire case of the Revenue is based upon the entries made in the said log sheet read with the statement of the Director. The Revenue has not made any efforts to further Investigate the matter. No buyer of the goods, as detailed in the said log sheets has been approached by the Revenue so as to investigate the matter at that end. The appellants have contested the statement as having been given....

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....was examined and no enquiry was caused at the destination of the recipient of the clandestinely removed pig iron and how the consideration for the same was received. They have claimed that physical verification of the stock of the raw material was not done inasmuch as there is no inventory showing the stock: No enquiries stand made as regards the quantum of pig iron having been used after its procurement from the raw material supplier and a bald allegation has been made that the appellants have sold the pig iron purchased during the last three months, without any reference to the stocks found on the production floor being work in progress. 5. I find favour in the above contentions of the appellant. Apart from the fact that Revenue has al....