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2018 (2) TMI 461

Clandestine removal - demand raised on the basis of these loose slips found - Held that: - the Revenue was not required to ascertain the fact whether the details of buyers mentioned in loose slips have been received the goods or not? The buyer’s name mentioned in the SCN may be fake, therefore, no investigation is required at the end of the Revenue, as the same has not been objected by the appellant - the charge of clandestine removal of the goods stand proved and duty is rightly demanded.

Demand of interest - Held that: - as the duty has been paid by the appellant on the same date, when the shortage of finished goods were found, therefore, in the absence of the date of clearance of those goods, the demand of interest is not sustainable.

Penalty on Director - Held that: - director has accepted that they have cleared the goods clandestinely - penalty on the Director is rightly imposed - however, the penalty of ₹ 5,00,000/-, in comparison to the duty of ₹ 8,00,000/-, is excessively high, therefore, the penalty on the Director of the company is reduced to ₹ 1,00,000/-.

Appeal allowed in part.

 


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