TMI Blog2008 (8) TMI 639X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent. [Order]. Revenue has filed these two appeals. The first appeal is against the order dropping demand of duty of Rs. 1,01,136/- denying the goods which were allegedly clandestinely removed by the respondents. In the second appeal, the department is challenging the order sanctioning refund consequent to dropping of the demand. 2. The facts of the case are briefly discussed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y remember to whom he had sold the ball bearings, it may not be P.S Bearing and it can be someone else and he could not give the details. The original statement recorded immediately after recovery of the document under panchanama dated 7-3-04 was retracted by the Managing Director on the very next day. 2.2 The demand was confirmed after issue of show cause notice and the Commissioner (Appeals) r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ose orders of the Commissioner (Appeals). 3. Learned JDR submits on behalf of Revenue that in view of the fact that there is a clear statement of the Managing Director and also in view of the fact that second statement has not been retracted, chits and papers have been recovered from the factory showing clandestine removal, the demand should have been confirmed. Learned advocate on behalf of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affidavit was filed by the buyer stating they had purchased only 4 consignments and for all of them they made payments by cheques and they had received documents. Thereafter, another statement was recorded by which time 9 months has elapsed and the Managing Director did not say that no sales were made without payment of duty. In his statement, he admitted that sales without payment of duties have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore issuance of show cause notice, penalty is to be limited to 25% as per the consistent stand taken by this Tribunal and accordingly duty demand of Rs. 1,01,136/- is confirmed and penalty of Rs. 26,911/- u/s 11AC is imposed. The second appeal relates to the consequential refund after dropping the demand and since they have received the refund, their liability for the above amounts is confirmed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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