TaxTMI 
TaxTMI 
2018 (10) TMI 4
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....ellant Sh. K. Poddar, AR for the Respondent ORDER Per: V. Padmanabhan: The present appeals Excise Appeal Nos. 51582-51583/2018 are filed against the Order-in-Original No. 40/2018 dated 19.03.2018. Vide the impugned order, the adjudicating authority confirmed the demand of Central Excise duty amounting to Rs. 4,13,226/- on the appellant and imposed penalty of Rs. 25,000/- on Sh. Purshottamla....
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....er, during the course of investigation, Revenue also recorded the statement of Sh. Purshottamlal Agarwal, Director of M/s Alankar Steel Pvt. Limited as well as Director of M/s Ramesh Steel. It is pertinent to record that neither Director admitted to the clandestine clearance of the quantum of M.S. Ingots found mentioned in the diary of Sh. S. K. Pansari. Further, Sh. S. K. Pansari did not appear f....
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....ecord by Revenue which supports the charge of clandestine clearance on the part of the assessees. 4.1 Ld. Advocate further submitted that several cases were made by Revenue against various other manufacturers of M.S. Ingots also commonly on the basis of diary entries of Sh. S. K. Pansari. At the stage of the appeals before the Tribunal, all such appeals stand allowed on the ground that demand of ....
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....seen that neither of the Directors have admitted to the correctness of the details found in Sh. S. K. Pansari's diary. Nor have they admitted the charge of clandestine clearance. 7. The law i.e. as to whether the third party records can be adopted as an evidence for arriving at the findings of clandestine removal, in the absence of any corroborative evidence, is well established. Reference can be....