2026 (7) TMI 835

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....otice was issued on 16.06.2009. The Show Cause Notice invoked the extended period and demanded Rs.1,96,861/-. After due process, the lower authorities confirmed the demand. Being aggrieved the appellant is before the Tribunal. 2. The Ld. C.A. appearing on behalf of the appellant takes me through the Search List from (Annexure - 2) and the details of stock taking conducted for Sponge Iron (Annexure - 3). He submits that stock taking was conducted on 06.12.2017 from 13:50 hours to 19:45 hours i.e. for about 6 hours. He submits that as per Annexure 3964.656 MT of Sponge Iron has been weighed within this short period of 6 hours to go to conclude that there was a shortage of 90.14 MT. He submits that no documentary evidence has been placed to....

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.... is to be weighed, it will require the deployment of about 15-20 trucks. In the absence of any details about such trucks and weighment slip towards gross weight and net weight, the Revenue has failed to prove the authenticity of the weighment. Since the entire demand hinges on this allegation of shortage found after verification, in the absence of the details of weighment done, the Dept's case fails to correctly quantify the shortage. 10. I also find that the Show Cause Notice has been issued purely based on the stock taking conducted on 6.12.2007. There is nothing on record to show that any further investigation was taken up towards the end of the purported buyers and any corroborative evidence was being gathered before issue of the SCN....

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....e hit reflecting list of documents powers and lized from factory premises of mys. Steel & Power Ltd, Bora Neturia, Bonra, iencia - 723/21 during the search conducted in Search authorisation NO. OGCFI/KOL/SA/71/05/2007-08 dates. 06. 12.2007. Se . so. Description Remarko 01/MSPL/F/PUR/07. One file containing nine. rose documents. Раде 01 15 485 r 22/MSPL/F/PUR/07. Central Excise invone books ( 21 books from September, 2005 to December, 2007. 1/21 50 21/2 03/NSPL/F/PUR/07 (17 boord). Delivery Challan 600160 1/17 TO 17/17 X 04/MSPL/F/PUR/07. 10 ( ten) writing pads. 1/0 5 /10/10 05/MYSQL/F/PUR107. Info And files containing daily -production Report Agar 01 5 93 . 0G/MOL/F/PUR/07 one Arch file containing Raw material consum....