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2008 (4) TMI 654 - AT - Central ExciseDemand and penalty - Clandestine removal - Penalty on Director - Held that: - in view of the clear cut admission of the Director himself and the Manager, the payment of duty before issue of show cause notice is sufficient evidence. It is also noted that the Director’s statement was recorded after nearly one year of the recovery of receipts which again goes in favour of the revenue. Therefore, I find no reason to interfere with the confirmation of demand and interest thereon, if any liable. I am unable to say agree that the Director has not physically dealt with the goods when clearance had been made without payment of duty with his knowledge. Therefore, the liability to penalty is sustained - having regard to the facts and circumstances of the case, the total amount of penalty on the Director is reduced to ₹ 10,000/- from ₹ 25,000/-. Appeal allowed - decided partly in favor of appellant.
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