9911796707
TMI Blog2015 (2) TMI 1086X X X X Extracts X X X X X X X X Extracts X X X X ..... rief facts of the case are that the appellants are engaged in the manufacture of MS ingots. A search was held on 24.09.2003. After the search, statement of Shri Ashok Fulwadhya, director of the appellant firm was recorded on 25.09.2003. In the statement, he admitted that certain goods have been cleared without payment of duty for which no documents have been maintained and the payments have been r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount of `8 lakhs already deposited was appropriated against the said demand. The case was adjudicated wherein the said demand was confirmed in addition to equal amount of penalty under Section 11AC was imposed. A penalty of `2 lakhs was also imposed on Shri Ashok Fulwadhya and interest under Section 11AB was confirmed. Aggrieved by the said order, appellant filed appeal before the Commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inding in the impugned order and stated that it is well settled law that admitted facts need not be proved. In the present case, the director in the appellants company have admitted and so called retraction was made only after three years and four months, and is therefore irrelevant. He also submitted that the Hon'ble Supreme Court in the case of Surjeet Singh Chhabra 1997 (89) ELT 646 (SC) h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty liability on the same would be `8 lakhs and he further paid the duty after sometime. It was also clarified that they had to clear the goods without payment of duty as the customer wanted the goods at a cheaper rate. The statement was further corroborated by the statement of Shri Kishan G. Gadekar and Shri Chandu Singh. The said statement was retracted after a period of 3 years and four month ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cerned, the place was searched on 24.09.2003 and the show-cause notice has been issued on 28.12.2007 which is within five years and therefore, keeping in view the clandestine nature of the clearance the proviso to Section 11A would be applicable. However, as far as penalty is concerned, we find that in the investigation further details have not been investigated and under the circumstances, penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
