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VANDEVI TEXTURISERS PVT. LTD. Versus COMMISSIONER OF C. EX., SURAT

2007 (6) TMI 433 - CESTAT, AHMEDABAD

Demand - Clandestine manufacture and removal by 100% EOU - Penalty - Held that: - There is no dispute about the duty demand on finished goods diverted. Inasmuch as duty has been demanded on the diverted goods, the question of demand of duty on the in .....

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sustainable. - Appeal allowed - decided in favor of appellant. - E/275/2006 - A/1263/2007-WZB/Ah'bad - Dated:- 1-6-2007 - Shri M. Veeraiyan, J. REPRESENTED BY : Shri Surinarayanan, Advocate, for the Appellant. Shri M.M. Mathker, DR, for the Respo .....

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goods manufactured using non-duty paid material, and the duty involved in finished goods amounting to Rs. 1,94,705 was paid before the issuance of the show cause notice. There is a demand of excise duty amounting to Rs. 1,94,200/- foregone on polyest .....

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sp;Learned Advocate contends that a combined penalty under both, Customs Act and Excise Act without segregating the same cannot be upheld as held in the case of Mahindra Ugine Steel Co. Ltd. & Ors. v. CCE, Pune, reported in 2007 (211) E.L.T. 73 ( .....

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of the order of the Tribunal in the case of Euro Coatspin Ltd. v. CCE, reported in 2001 (127) E.L.T. 52 (Tri.-Del.). 5. Learned D.R. submits that the penalty imposed on the appellant company has been substantially reduced by the Commissioner (Ap .....

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