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a. Nucleus Group report;
b. The All India Induction Furnace Association report,
though they were never supplied.
● The whole show cause notice is issued upon presumptions and
surmises about unaccounted manufacturing of M.S. Ingots and
clandestine removal of the final product and nothing has been proved
by the respondents. Only on the basis of presumptions, the show
cause notice has been decided. The consumption of electricity
pattern, which is referred in the show cause notice as well as in the
Order-in-Original, is absolutely baseless. It is submitted by the
counsel for the petitioner that looking to Annexure-C and D as
referred in para 3 of the show cause notice, reveals the electricity
consumption per M.T., which is absolutely in consonance with the
report given by the Joint Plant Committee constituted by the
Ministry of Steel, Government of India and as per this report, the
consumption can be 1800 KWH/T (as referred in paragraph no. 20 of
a decision reported in 237 ELT 674 in the case of R.A. Casting
(Private) Ltd. Vs. CCE. Thus, there is no scientific survey carried out
by the respondents which can lead to conclusive evidence of
unaccounted manufacturing of M.S. Ingots and clandestine removal
thereof.