TaxTMI 
TaxTMI 
2018 (10) TMI 1467
X X X X Extracts X X X X
X X X X Extracts X X X X
....ne thick wire reduced in reels with the aid of machines installed in the appellant premises. For reducing thickness of the said copper wire, a chemical commonly known as Cu-56 was being used by the appellants. 3. Based on some information, Anti-Evasion Branch conducted the search on 08.08.2011 at the factory premises of the appellant and also at the residence of the proprietor of the appellant, Shri NK Gupta. During the search unaccounted finished goods valued at Rs. 9,27,180/- alongwith unaccounted raw materials valued at Rs. 21,26,780/- were placed under seizure in accordance of Section 110 of the Customs Act, 1964 being applicable in Central Excise matters of reasonable belief that the goods were not purchased on proper bills / invoic....
X X X X Extracts X X X X
X X X X Extracts X X X X
....The Panchnama dated 08.08.2011 is alleged to be a manipulative document which has been silent about recovery of cash of approximate Rs. 5 lakh from the factory of the appellant. It is also impressed upon that the presence of Shri Girish R Gupta, the brother of the proprietor of appellant has been shown at the factory as well as residence of the proprietor at same point of time which is sufficient to falsify the panchnama. It is further submitted that the various persons examined by the Department during the investigation were not allowed to be cross examined by the appellant. Above all, the document as that of payment of VAT qua the sale of the bare copper wire by the appellants which are sufficient to falsify the allegations of the clandes....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rom the panchnama dated 08.08.2011 as prepared during the search of the factory as well as residential premises of the present appellant, it appears that the various records in the form of loose kacha parchi, gutkas, books etc. were recovered. Admittedly, all these documents were showing clearance of bare copper wire. The plea of proprietor of appellant as apparent from his statement that due to stiff market competition pucca record/invoices were not raised is not at all sustainable. The persons whose names were shown in the said recovered record were also being investigated. All of them including M/s Reliance Cable Industries acknowledged receiving the bare copper wire from the appellants that too on kacchi parchies. It is also an admissio....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the sales proceeds of the bare copper wire. Though the appellant had retracted these admissions but in the absence of any appropriate remedy of protest sought by the appellant, the retraction cannot be ruled out to be an afterthought. The statement of the proprietor of the noticee has not been recorded once or twice but has been recorded 5 times. Even if the statement as recorded on the date of seizure, i.e. 08.08.2011 is considered to be under threat and pressure. Firstly, there is no evidence by the appellant to that effect secondly, there is no reason for the similar admission of the appellant in his subsequent four statements, though with minor retractions. 9. As far as the plea about no opportunity for cross examination of the witn....