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2015 (8) TMI 444 - AT - Central ExciseIllicit clearance of goods - Penalty u/s 11AC - Confessional statement given by partner - Held that:- Ramkishor M. Bindal, Partner of Assessee admitted the processing of grey fabrics and clandestine removal of the finished goods without payment of duty. They have paid the duty at the very next date of the visit of the officers. After about more than four years he had retracted the statement only in reply to the show cause notice, which can not be accepted as retraction of statements - appellants (i.e. merchant manufacturers) also supplied the grey fabrics and received the processed grey fabrics with full knowledge that the goods are not duty paid and therefore, imposition of penalties on the other appellants are warranted. It is also noted that the Assessee had not disputed the payment of duty. On a query from the Bench, learned Consultant for the Assessee submits that the Appellant Assessee had not availed the option of payment of 25% of duty as penalty under Section 11AC of the Central Excise Act, 1944, as per the order of the Commissioner (Appeals). - Decided against Assessee.
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