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2015 (10) TMI 899 - CESTAT KOLKATA

2015 (10) TMI 899 - CESTAT KOLKATA - TMI - Waiver of pre deposit - Clandestine manufacture and clearance of goods - Penalty u/s 11AC - Held that:- The case of the appellant for stay was mainly based on the ground that quantum of clandestine clearances and duty calculation is not correct as the statements of the directors were duly retracted at the earliest possible occasion. Learned A.R. on the other hand made the bench go through para-10 of the Order-in-Original dated-16/09/2013 to argue that d .....

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hri H.K. Thakur, Technical Member For the Petitioner : Sri B.N. Chattopadhyay, Consultant For the Respondent : Sri K. Choudhari, Supdt. (A.R.) ORDER Per SHRI H.K. THAKUR These stay applications have been filed by the appellants against Order-in-Original No. CCE/BBSR-II/No.08/COMMISSIONER/2013 dated-16/09/2013. Under this Order-in-Original dated- 16/09/2013 a demand of ₹ 7,71,66,154/- has been confirmed against the main appellant M/s. Sharda Re-Rollers Pvt. Ltd. alongwith interest, for the .....

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pearing on behalf of the appellants argued that the case of clandestine manufacture and clearance has been made on the basis of a search conducted by the officers of DGCEI on 16/4/2009. That during the search operation certain loose sheets, note pads, diaries etc. were recovered which were made the basis for clandestine manufacture and calculation of duty demanded. That initial statements of the Directors admitted the clandestine activity and an amount of ₹ 10.00 Lakhs was paid. That the c .....

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