9911796707
TMI Blog1998 (3) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned order, the Commissioner of Central Excise, Meerut has confirmed the demand of duty of Rs. 8,16,85,476.22 in respect of the period from 1-2-1991 to 30-9-1995, confiscated the assets of the concern allowing redemption on payment of fine of Rs. 50 Lacs, imposed fine of Rs. 50 Lacs on each of the Directors, of Rs. 5 Lacs, Rs. 2 Lacs and Rs.1 Lac on the members of the staff and of Rs. 25 Lacs on the Commission Agent. 3. The assessee is engaged in the manufacture of Decorative Laminated Sheets and selling the goods at the factory gate and through depots situated throughout the country. It is said that the factory gate sales account for 25% of the total production and were made to 116 wholesale dealers and 75% of the production was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e were several circulars issued to the wholesale dealers and other requiring them to pay extra amount for increase in the cost of inputs like imported paper etc., without reflecting the same by filing revised price lists. A diary containing entries about sales at the Calcutta Depot was recovered from a sister concern M/s. M.K. Investment Private Ltd. which also showed extra receipts. So also two files Nos. 132 and 60 seized from the Delhi Depot. It was on this basis that the Commissioner held that the factory gate price was untrue and unreliable and assessable value of all the goods must be based on the depot prices. Since depot prices varied, according to the appellant highest depot price was taken as the basis, while according to the Depa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hri Sharma, CDR rebutted the above contentions and referred to other evidence in the nature of slips recovered from Ludhiana Depot, Circulars, Diary and the Files to support the case that over and above the factory gate price extra amounts were being recovered. For the purpose of deductions from depot price the appellant had not furnished the actual expenses incurred and depot price did not include charges of sales tax and octroi. Increase in prices from year to year ranged between 3.33% and 54.43% and adoption of 10% was eminently reasonable. 7. From the nature of contentions raised before us we find that they can be considered only at the stage of hearing of the appeal but in the matter of increase in price by 10% in each of the last tw ..... X X X X Extracts X X X X X X X X Extracts X X X X
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