2009 (4) TMI 354

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..... e duty on 16-2-2005. The Original Authority confirmed the demand of duty and appropriated the amount as deposited by the Company and also imposed penalty of equal amount each on the Company and the respondent herein. The Commissioner (Appeals) set aside the penalty on the respondent. Held that- However, the Executive Director, the respondent herein admitted the shortage and explained the reasons t .....

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..... erusal of the records, it is seen that the respondent is the Director of M/s. Sahibabad Chemicals Fertilizers (P) Ltd. (hereinafter referred to as "The Company"). The Company is engaged in the manufacture of Sulphuric Acid and Oleum classifiable under Chapter Heading 28 of the Schedule to the Central Excise Tariff Act, 1985. On 23-9-2004, the Central Excise Officers visited the factory premises .....

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..... tected during stock verification and the Company deposited the duty upon detection of the shortage. The original Authority confirmed the demand of duty and also imposed penalty of equal amount under Section 11AC of the Act on the Company. There is no material available that the Director had knowledge of the clandestine removal of the goods. However, the Executive Director, the respondent herein ad .....

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