2018 (1) TMI 370

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..... , the Assessee is engaged in the manufacture of Sponge Iron classifiable under Chapter 72 of the Central Excise Tariff Act, 1985. On 27.05.2014, the Central Excise Officers of Directorate General of Central Excise Intelligence (DGCEI), Kolkata searched the Factory and Office premises of the assessee and recovered various documents in respect of clandestine clearance of Sponge Iron. The said officers recovered documents from the Guest House. On examination of entries of Cash Sales of Sponge Iron a chart was prepared. It was found that the assessee cleared the Sponge Iron without payment of duty during the period from 13.09.2013 to 15.05.2015. Shri Naresh Kumar Sharma, Director of the Assessee company after going through the chart admitted th .....

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..... ether it is seized from the Guest House or the house of one person named Lieutenant Col. P. S. Chopra. (Retd). I find that the matter may be declared disputed without going to the said issues. There is no dispute that the assessee admitted the clearance of the goods on the basis of chart prepared taking into account the cash receipt by the appellant. The Director of the Assessee has admitted this fact. They have paid the duty. So, the chart showing the details of the consignment was sponge iron cleared from the factory of the assessee without issuing the Central Excise Invoices, is not under dispute. Therefore, there is no need to go into the facts of recovery of the said documents. In my considered view, the chart of Cash Sales is a primar .....

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..... n the assessee and its Director Sri Shyam Bihari Makharia. The Adjudicating Authority confirmed the demand of duty of Rs. 19,64,078/- along with interest and imposed penalty of equal amount of duty on the assessee and also imposed penalty of Rs. 5.00 lacs on Shri Shyam Bihari Makharia, Director of the appellant company and also appropriated the amount of duty of Rs. 19,64,078/- has deposited by the assessee. By the impugned order the Commissioner (Appeals) upheld the confirmation of duty alongwith interest and modified the adjudication order to the extent that the penalty imposed on the assessee and it s Director are set aside. Hence the Revenue filed these appeals for imposition of penalty on the assessee and it s Director, the respondent .....

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