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Mirzapur Electricals Industries Ltd., Sh. Ravi Kumar Agarwal, Director Versus C.C.E. Allahabad

Confiscation - Penalty - Held that: - The copy of the returns submitted before this Tribunal today indicates that duty demanded in the show cause notice was paid. However, the Original Authority did not have benefited of such evidences before him. I, therefore, remand the matter back to the Original Authority who shall consider the evidence and re-adjudicate the case after giving opportunity to the appellants. Both the appellants are directed to submit their defence reply alongwith evidence befo .....

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efore, both the appeals are taken together for decision. 2. The brief facts of the case are that, M/s. Mirzapur Electrical Industries Ltd. (MEIL) were engaged in the manufacture of transformers and parts thereof. The officers of Central Excise visited factory premises on 11.08.2009. On inspection and after recording, statements, show cause notice dated 20.01.2010 was issued through which MEIL was called upon to show cause as to shy seized excisable goods (transformers) valued at ₹ 31.90 la .....

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bmitted any reply to the show cause notice nor they ever turned up for personal hearing and therefore he decided the issue on the basis of available records. The Original Authority confirmed the demands and imposed equal penalty. Further seized goods were confiscated and amount of ₹ 8,98,186/- deposited as bank guarantee was appropriated in lieu of confiscation and Shri Ravi Kumar Agarwal was imposed with penalty of ₹ 25,000/-. Aggrieved by the said order, appellants preferred appeal .....

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