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2014 (8) TMI 779 - AT - Central ExciseClandestine manufacture and clearances of man-made fabrics - Imposition of penalty - Held that:- Though the names of the merchant manufacturers from whom the goods were received for processing or to whom the goods were sold, were not given by the main appellant but the investigating officers traced out such merchant manufacturers. During the statements recorded all these merchant manufacturers admitted to have got goods manufactured/ received from the main appellant without payment of Central Excise duty. Calculation of duty demand on the clandestine removal of the goods has been calculated by the Revenue on the basis of details made available in the private accounts maintained by the main appellant and the job charges recovered. The stock taking of grey fabrics and semi-finished/ finished fabrics lying in the stock of the main appellant during the course of search also show difference in the stock. Proprietor and authorised signatory of the main appellant agreed to the correctness of the Panchnama, duty evasion calculation and clandestine manufacture and clearances made by the main appellant, which have not been retracted - However, penalty imposed is reduced - Decided partly in favour of assessee.
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