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2018 (1) TMI 370 - AT - Central ExciseClandestine removal - Sponge iron - credibility of the documentary evidence on which demand was raised - Held that: - the Department could not adduce any evidence to establish the clandestine removal of goods without payment of duty. There is no dispute that the assessee admitted the clearance of the goods - the imposition of penalty under Section 11AC of the Central Excise Act on the appellant company is justified. Penalty on Director - Held that: - the Director of the assessee company had admitted the clearance of the goods and paid the duty. There is no material available on record that the Director of the assessee company was involved in such clandestine removal of the goods - penalty set aside. Appeal allowed in part.
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