TMI Blog2006 (12) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... No. E/S/1445/06 in Appeal No. E/1403/0 - Final Order No. A/2124/2006-WZB/C-IV/(SMB) and Sta - Dated:- 4-12-2006 - [Order]. - After hearing both sides for some time on the application for waiver of pre-deposit of penalty of Rs. 1,00,000/- imposed upon the appellant who is the director of M/s. Inox Wares Pvt. Ltd., I found that it was possible to hear and dispose of the appeal itself at this stag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... place on 27-2-2003 (during the period when S.S. utensils were dutiable) instead of 3-3-2003 (after S.S. utensils were wholly exempted from payment of duty) and that the records and export documents were manipulated with the intention of encashing Cenvat credit by way of claiming rebate on the export consignment. On this basis, a show cause notice dated 17-11-2004 was issued to the assessees, propo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the facts of the present case as no goods have been held liable to confiscation by the authorities below and the appellant has not physically dealt with any excisable goods which he knew or had reason to believe were liable to confiscation so as to attract the provisions of Rule 26 and it is clearly found by the authorities below that the director only manipulated the records, and did not deal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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