2018 (10) TMI 148

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....athi, A.R. appearing for Revenue and Shri Aalok Arora appearing for the Respondents. 2. As per facts on record the respondents are engaged in the manufacture of M.S. Ingots by using various raw materials on which they were availing Cenvat Credit. Their factory was visited by the Central Excise officer on 30.09.2009, who conducted various checks and verifications. Stock taking of the final product as also the raw materials resulted in certain shortages, for which a separate show cause notice was issued and is not the subject matter of the present proceedings. 3. During the course of visit of officers, they found two Induction Furnace installed in the factory of 4 M.T. and 3 M.T. per head capacity and the sanctioned electricity load was....

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....ents recorded. 6. On the above basis, proceedings were initiated against the Respondent by way of issuance of Show Cause Notice alleging clandestine removal and proposing demand of duty of Rs. 82,33,223/-along with proposal to impose penalties. The said show cause notice stand adjudicated by the Commissioner wherein after taking assessee's contention into consideration as also the various records, he held that the allegations of clandestine removal are unsustainable and accordingly, dropped the proceedings. Hence, the present appeals by the Revenue. 7. On going through the impugned order we find that the entire case of the Revenue is based upon the entries made in the recovered records read with statement of various persons. However, ....