2009 (4) TMI 354

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..... ortage of the raw materials and finished goods involving central excise duty of Rs.1,01,248/- The respondent company deposited the duty on 16-2-2005. The Original Authority confirmed the demand of duty and appropriated the amount as deposited by the Company and also imposed penalty of equal amount each on the Company and the respondent herein. The Commissioner (Appeals) set aside the penalty on th .....

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..... s set aside. 2. After hearing the ld. DR and on perusal of the records, it is seen that the respondent is the Director of M/s. Sahibabad Chemicals & Fertilizers (P) Ltd. (hereinafter referred to as "The Company"). The Company is engaged in the manufacture of Sulphuric Acid and Oleum classifiable under Chapter Heading 28 of the Schedule to the Central Excise Tariff Act, 1985. On 23-9-2004, the Cen .....

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..... posable on him. I find that the shortage was detected during stock verification and the Company deposited the duty upon detection of the shortage. The original Authority confirmed the demand of duty and also imposed penalty of equal amount under Section 11AC of the Act on the Company. There is no material available that the Director had knowledge of the clandestine removal of the goods. However, t .....

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