2018 (10) TMI 1530

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.... was initiated when name of the appellant Noticee No.1 of impugned SCN was found mentioned in the incriminating records of M/s. Monu Steels, in the record of commission agents and in the documents recovered from Kailash Traders, the Noticee No.2, 3 & 4 respectively of the impugned SCN. Based thereupon the Department alleged that the appellant had suppressed the production and clandestinely removed 48832.893 MT of M.S. Ingots and has evaded duty. Hence the impugned SCN No.10643 dated 10.06.2010 was served upon the appellant proposing demand of Rs. 14,39,38,470/- quantified on the basis of excess electricity consumption including the duty involved in alleged clandestine removal of MS ingots for the period w.e.f. 2005-06 to 2010-2011. The dema....

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..... After hearing both the parties and pursuing the record, we observe that the initial demand of Rs. 14,39,38,470/- has already been dropped to the major extent of Rs. 13,62,85,928/- qua excess consumption of electricity, relying upon the decision of Hon'ble Apex Court in the case of RA Castings Pvt. Ltd. We do not find any infirmity in the order to that extent. The similar issue is no more res-integra as stand already been decided in favour of assessee. Therefore, to that extent, the order under challenge is upheld. 6. Now coming to the demand confirmed, we are of the opinion that the entire case of the Revenue is based upon the records recovered from M/s Monu Steels M/s. Kailash Traders etc. about removal of finished goods to various cu....