2018 (11) TMI 1198

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.... Steel Plant. The principal Raw-Materials which are Sponge Iron, M. S. Ingot etc. have been procured from different customers as well as from the sister unit of the appellant, namely M/s. Jai Balaji Sponge Ltd., Durgapur. A Show Cause Notice dated 30/05/2007 was issued alleging under valuation. 2. The Adjudicating Authority confirmed the demand of Cenvat Credit along with interest and also imposed equal penalty under Rule 15 (2) of Cenvat Credit Rules, 2004 read with Section 11 AC of the Central Excise Act, 1944. Hence, the present appeal before the Tribunal. 3. The General Manager (Taxation) appeared on behalf of the appellant Company and filed an extract of the Sale Bill Register and a compilation of relied upon decisions and writte....

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....trongly argued on the following points: (i) That it is a case of sale of goods to a related buyer. The duty was paid independently and accordingly, supplementary invoices were issued by M/s. Jai Balaji Sponge Ltd. (Unit-II). (ii) That the duty paying documents were duly submitted to the Department along with monthly returns. (iii) That it is merely a case of stock transfer of goods from one factory to another factory of the same manufacturer and under the same Commissionerate. (iv) That the goods were duly received in the factory of the appellant and duty was duly paid by the sister concern i.e. M/s. Jai Balaji Sponge Iron Ltd. (Unit-II). (v) That Jai Balaji Sponge Iron Ltd. (Unit-II) cleared the goods to the outside parties ....