2019 (1) TMI 1096

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....lty. 2. On behalf of the appellant, ld. AR Shri S. Govindarajan supported the grounds of appeal. He submitted that the show cause notice was issued after noting discrepancies in the figures shown in the Profit & Loss account and ERI returns. The respondent was engaged in trading of goods also. When they were asked to produce evidence, the respondent produced a worksheet showing the break-up of the invoices in respect of traded goods and manufactured goods for the years 2007 - 08, 2008 - 09 and 2009 - 10. The respondents had purchased the traded goods from M/s. Sam Turbo Industries Ltd. Coimbatore and sold to various Thermal Power Stations. However, the total value of both the traded goods and the manufactured goods as shown in the worksh....

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.... Bharathi submitted that the grounds of appeal stated is entirely different from that of the argument put forward by the ld. AR. In the grounds of appeal, the only ground stated is that the Commissioner has not given any finding for setting aside the demand on the ground of limitation. In the impugned order, the Commissioner has not dropped the demand of Rs. 34,94,737/- on the ground of limitation. In fact, in paragraphs 15 and16 of the impugned order, the Commissioner has categorically held that although the respondents are doing some modifications on the goods received into the factory, there is no new product emerging and therefore the activity does not amount to manufacture. The Commissioner has made proper discussion as well as given c....