Case Law Details
M/s.Dadu Steel & Power Ltd. Vs CCE (CESTAT Delhi)
Allegations based on inquiries made in the third party’s documents of Commission Agent and transporters cannot lead to the fact of clandestine activities. In fact, the list is un-ending and it is almost a settled law that the allegations of clandestine removal cannot be upheld based upon the third party’s records without there being any evidence reflecting upon such clandestine activities.
In the present case, the entire endeavor of the Revenue is based upon the documents recovered from the premises of M/s. Pankaj Ispat Ltd. read with the statement of their Director and by ignoring the statement of the Director of the present appellant. In such a scenario, the impugned orders confirming the demands and imposing penalties are unsustainable.
FULL TEXT OF THE CESTAT ORDER IS AS FOLLOWS:-
Both the appeals are being disposed of by a common order as they arise out of the same set of facts and circumstances, vide which the demand of duty stands confirmed against M/s.Dadu Steel & Power Ltd. to the extent of Rs. 13,77,691/- along with imposition of penalty of identical amount. Further, penalty of Rs.5 lakhs stands imposed upon Shri Santosh Agarwal, Director of the manufacturing unit.
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