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2014 (3) TMI 125 - CESTAT AHMEDABADUnaccounted production and clearance of copper enamelled wires - clandestine removal - retracted statments - Held that:- Both the excise clerk, production supervisor have confirmed that private notes/chits which contains the details of clandestine removal of goods were written and maintained by the employees of the appellant No. 1; if the recovered documents are admitted to have been maintained by the production supervisor and were in the factory premises (at the security gate), the said evidence is sufficient to prosecute the appellant, supported by the statements of Chief Executive and directors. There is nothing on record to show statements made by the clerk, production supervisor, and the directors were retracted. In the absence contrary evidence of retraction by others, I am of the view that the lower authorities were correct in confirming the demand raised against the appellant alongwith interest and imposed penalties. - Decided against the assessee. Benefit of reduced penalty 25% of the amount duty liability - Held that:- The law has been settled by the Hon. High Court of Gujarat in the case of Akash Fashions Prints Pvt. Ltd - [2009 (1) TMI 113 - GUJARAT HIGH COURT] as to that Tribunal can also extend the benefit of reduced penalty of 25% of the amount of duty, if it was not extended by the lower authorities - penalty imposed on appellant No. 1 should be 25% of the amount of duty confirmed on them as per the provision of section 11AC of the Central Excise Act, 1944, subject to the condition that the entire duty liability and the interest and said penalty as indicated herein above is paid within 30 days of the receipt of this order. - Decided partly in favor of assessee.
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