2019 (9) TMI 745

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....at the Appellants, during the relevant period i.e. 2003-04 to2007-08, engaged in the manufacture of M.S. Ingots falling under CSH 7206.10 of Central Excise Tariff Act, 1985. Alleging that the Appellants had not recorded the correct production and clearance of the finished goods in contrast to the basis of consumption of electricity, show cause notice was issued to the Appellant for recovery of duty of Rs. 74,15,196/- short paid along with interest and penalty. On adjudication, the demand was confirmed by the learned Commissioner along with interest and penalty; personal penalty of Rs. 10.00 lakhs was imposed on Shri Kishan Kumar Agarwal, Director under Rule 26 of Central Excise Rules, 2002. Hence, the present appeals. 3. At the outset, t....

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....at in absence of corroborative evidences and necessary test/experiment conducted about the working of the furnace in their factory vis-à-vis consumption of electricity and production of Ingots, simply on Dr.N.K. Batra's report, demand cannot be sustained. He has submitted that the issue has been considered at length by Hon'ble Jharkhand High Court in the case of Balashri Metals Pvt. Ltd Vs UoI - 2017 (345) ELT 187 (Jhar.), Om Shanti Steel & Castings Pvt. Ltd Vs UoI - 2017 (347) ELT 441 (Jhar.), Maihar Alloys Pvt. Ltd Vs UoI - 2016 SCC OnLineJhar 2793 and this Tribunal in the case SRJ Petty Steel Pvt. Ltd Vs CCE Aurangabad - 2015 (3270 ELT 737 (Tri- Mumbai). 4. The learned A.R. for the Revenue reiterates the findings of the learned....