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2015 (10) TMI 1196 - CESTAT BANGALORE

2015 (10) TMI 1196 - CESTAT BANGALORE - TMI - Imposition of penalty - Undervaluation of goods - Clandestine removal of goods - Held that:- Company having not challenged the confirmation of demand, the same has to be accepted based on the fact of clandestine activities. Further, we also appreciate the fact that the appellant who was an Executive Director of the company, was managing the day-to-day affairs of the company and there are three confessional statements, which are not retracted, on reco .....

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herein but no order on the said ROM application is available on record - impugned order of the Commissioner has merged with the earlier order of the Tribunal, referred supra and is 'non est' . As such, we think it appropriate to remand the present appeal to the Commissioner for fresh consideration in the light of evidence available on record including confessional statements and also other factors - Matter remanded back - Decided in favour of assessee. - E/317/2008-DB - Dated:- 1-6-2015 - Archan .....

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7; 19,22,492/- stands confirmed against M/s Universal Ceramics Ltd. on the allegation of undervaluation of their final products as also on finding of clandestine removal of the goods. While confirming the duty demanded against M/s Universal Ceramics Ltd. and imposing penalty on the present appellant, the impugned order also confiscated the goods recovered from the dealers' premises i.e. M/s Om Trading Company and M/s Anand Agencies and also imposed penalty on another employee, Sri Shyam Sund .....

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ed order having been passed in gross violation of principles of natural justice, is bad in law and not sustainable. He further clarifies that in the remand proceedings, the proposal against the said appellants stands dropped by the original adjudicating authority. Learned advocate further submits that inasmuch as the impugned order was not received by him for a period of eight years, there was a delay in filing the present appeal, which already stands condoned by the Tribunal. He submits that if .....

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be compared with the case of dealers inasmuch as the penalty imposed upon the appellant is as Executive Director of the company, i.e. one who is looking after day-to-day affairs. The company having not challenged the confirmation of demand, the impugned order, insofar as the issue relates to finding of clandestine removal, stands attained finality. He also draws our attention to the various confessional statements made by the appellant, during the course of investigation wherein he has admitted .....

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