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2015 (10) TMI 1227 - CESTAT CHENNAI

2015 (10) TMI 1227 - CESTAT CHENNAI - TMI - Duty evasion - Clandestine removal of goods - Concession of penalty - Held that:- appellate authority both in respect of shortage of goods and removals made as exhibited by chits discovered and entries found in the note books demonstrated unaccounted removal of goods resulting in evasion of duty. Therefore, demand of duty was confirmed. In such circumstances, no question of concession in penalty arises since that would encourage evasion. This can be sa .....

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2015 - Dated:- 22-6-2015 - Shri D.N. Panda, Judicial Member, J. For the Petitioner : Shri M. Kannan, Adv. For the Respondent : Shri M. Rammohan Rao, DC (AR) ORDER The only contention of the Respondent M/s. A.P. Steels in appeal No. E/00626/2010 is that when duty was not payable, that was arbitrarily determined by both the authorities below and also penalty was imposed baselessly. 2. But Revenue submits that when duty was confirmed on clandestine removal of goods there should be no concession in .....

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