9911796707
TMI Blog2011 (2) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... Gupta, Executive Director of M/s. Micro Polyester and of Rs.60,000/- on Shri Sunilbhai Raja Ram Patil, partner of M/s. Akta Trading Company under Rule 26 of Central Excise Rules, 2002. 2. The appellants have made a prayer to decide the appeal on merits. In their written submissions filed on 18.02.11, they have submitted that as the entire amount of duty was paid before the issuance of the show cause notice and no option to pay lesser penalty was given to them by the adjudicating authority, the same should be extended by the Tribunal. 3. After hearing the learned DR, I find that M/s. Micro Polyester (P) Ltd. are engaged in the manufacture of texturised yarn, grey fabrics and MMF (P) falling under Chapter 54 of the first sched ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... removal. The said findings are based upon the detection of shortage for POY at the time of visit of officers. Executive Director Shri Mukesh Kumar Ramnivas Gupta admitted having sold the goods against cash payments to M/s. Akta Trading Company. Further investigations corroborated the above position by way of recording of statement of Shri Sunilbhai Raja Ram Patil, partner of M/s. Akta Trading Company, admitting receipt of such clandestinely removed POY. Further as the consideration for the goods in question was received in cash, the Revenue cannot be expected to go into the details and dig out more evidences. The fact of clearances of clandestine removals having been admitted by the seller as well as by the buyer and such admissions having ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ram Patil, I find that both the said appellants, in their statements recorded during the course of investigation, have admitted having cleared the goods without payment of duty and having received the same without payment of duty. As such the findings of the lower authorities that they have knowingly involved themselves in the purchase and sale of the goods which they knew were liable for confiscation, have to be upheld. Consequently the imposition of penalties upon them in terms of the provisions of Rule 209A are upheld. However, keeping in view that fact that M/s. Micro Polyester (P) Ltd. immediately deposited the duty and have already been penalized, I reduce the penalties on Shri Mukesh Kumar Ramnivas Gupta and Shri Sunilbhai Raja Ram ..... X X X X Extracts X X X X X X X X Extracts X X X X
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