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2013 (11) TMI 1383 - AT - Central ExciseMis-declaration of goods – Suppression in the value of goods - Goods seized from different premises were proved to be supplied by paragon group of companies including Roxy Electrical and Roxy Cable Company - Appellants failed to rule out their role as consignors of misdeclared goods - Goods seized at various places and consignment of past clearances revealed that description of goods differed in quantity, quality, length and nature of goods and composition as well as characteristics thereof and such difference admitted - Value of goods consigned was also suppressed - Various evidence both oral and documentary revealed a planned evasion by appellants - Suppliers of the goods having been found to be involved were also penalized -persons dealing with such goods were penalised for no proof of their innocence. Quantum of redemption fine – Held that:- Authority below did not justify levy of such huge redemption fine without examining any other undue gain other than duty element if nay made by that appellant - Making an overall assessment of the situation, redemption fine in the case of Metal and Metal (Elect.) Pvt. Ltd. is reduced which shall be twice the duty element looking to the magnitude of evasion and questionable modus operandi followed – Decided partly in favour of Assessee.
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