TMI Blog2018 (2) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... SCN may be fake, therefore, no investigation is required at the end of the Revenue, as the same has not been objected by the appellant - the charge of clandestine removal of the goods stand proved and duty is rightly demanded. Demand of interest - Held that: - as the duty has been paid by the appellant on the same date, when the shortage of finished goods were found, therefore, in the absence o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt of clandestine removal has been confirmed along with interest and penalties on both the appellants have been imposed. 2. The brief facts of the case are that on 20/21.01.2012 a search was carried out wherein the certain inputs and finished goods were found short and certain loose slips were also recovered. On the basis of the these loose slips and the corroborative statements of the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... destinely removed by the appellants, therefore, the demands against the appellants are not sustainable. He also submits that, as the appellant paid 25% duty as penalty, therefore, the penalty imposed in the impugned order is to be reduced to this extent. He also submitted that the penalty imposed on the Director of the company is excessively high and the company has already paid the duty along wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e slips were found which have been explained by appellants themselves. Therefore, the Revenue was not required to ascertain the fact whether the details of buyers mentioned in loose slips have been received the goods or not? The buyer s name mentioned in the show cause notice may be fake, therefore, no investigation is required at the end of the Revenue, as the same has not been objected by the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the penalty of ₹ 5,00,000/- has been imposed on the Director of the Company who has accepted that they have cleared the goods clandestinely. Therefore, penalty on the Director is rightly imposed. Further, I find that the penalty of ₹ 5,00,000/-, in comparison to the duty of ₹ 8,00,000/-, is excessively high, therefore, the penalty on the Director of the company is reduced to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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