9911796707
Advanced Search 
TMI Blog2017 (3) TMI 1353X X X X Extracts X X X X X X X X Extracts X X X X ..... . Singh, D.R. - for the respondent ORDER M/s Om Fragrances, Shri Sumit Agarwal and Shri Rajeev Gupta are in appeal against the order in original No. 8/2010 dated 23.4.2010 passed by the Commissioner, Central Excise, Delhi, whereunder inter alia Central Excise duty of Rs. 96,47,361/- has been ordered to be recovered and equivalent penalty has also been imposed on the appellant M/s Om Fragrances. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber and trade mark owner. (ii) There was no manufacturing activity at Burari - This is proven by the following facts and the legal position: (a) No incriminating evidence other than machines and gutkha manufactured by M/s Jain Enterprises has been found. (b) No diary, slips or any private record has been found to indicate any clandestine receipt of raw material and manufacture of the goods. (c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yderabad - 2002 (140) ELT 187 (T). 4. The Revenue's main case is that the appellant M/s Om Fragrance were engaged in manufacturing excisable goods namely 'India Gold' gutkha without obtaining any central excise registration. They were clearing the said goods without payment of duty from December, 2007 till 4.8.2008. 4.1 Revenue's main submissions are that the appellant assessee evaded duty of Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cross examination of the concerned persons whose statements and evidences are having bearing on the outcome of their case. 6. When it is so then we set aside the impugned order and remanded the matter to the original adjudicating authority to examine and decide afresh after giving the necessary opportunity of personal hearing and submissions of documents as per law to the appellants. It is expect ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
