2019 (4) TMI 1263

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....lant (s) Shri Mohd. Altaf (Asstt.Commr.) (A.R.) for the Revenue ORDER Per Mrs. Archana Wadhwa : After hearing both sides I find that the appellant is engaged in the manufacture of TMT bars, MS ingots and Runner & Riser etc. In March 2012, they took possession of a factory belonging to M/s.Chandpur Enterprises Ltd., on lease basis for an year. On termination of the lease, the factory wa....

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....quently proceedings were initiated against the appellant by way of show cause notice dated 05.06.2015 alleging that as the appellant was not having any stock at the time of giving possession of the factory to M/s.Chandpur Enterprises Ltd., they had removed the said goods reflected in ER-1, in a clandestine manner. Accordingly the duty of Central Excise to the tune of Rs. 7,76,519/- was raised agai....

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....ck shown in ER-1 return was not physically present in the factory, at the time of handing over of the possession and on the other hand they are accepting the duty of around Rs. 5.00 Lakhs made by the appellant on the sale of the same stock of rusted MS ingots. Not only that, the lower authorities have confirmed the demand of Rs. 7.76 Lakhs (approx.) in respect of the same quantum of inputs and oth....