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2018 (7) TMI 414 - AT - Central ExciseClandestine removal - clearance of finished goods on various occasions without issuance of invoices and under-invoicing the value of the goods - Principles of Natural Justice - Held that:- The appellant had made the averments without any reconciliation statement. In such situation, the findings of the lower authorities would be accepted - It is seen from the orders of the lower authorities that the adjudicating authority had examined the issues at length. In any event, the plea of the appellant that there was a delay in refund of duty in terms of the exemption Notification and therefore they cleared the goods without payment of duty, cannot be accepted - the demand of duty along with interest and penalty against the appellant company is sustainable. Penalty on Managing Director of the Appellant Company - Held that:- Appellant contended that he had no knowledge of the alleged irregularity - In any event, the appellant No. 2 had deposited the duty partly during the investigation - imposition of penalty not justified. Appeal allowed in part.
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