9911796707
TMI Blog2001 (12) TMI 475X X X X Extracts X X X X X X X X Extracts X X X X ..... icers on 6-11-96. The Visiting Officers verified the stock position relating to the finished goods as well as the raw materials (inputs). On verification of the stock, a shortage of 36.830 MT of Bars and Rods (finished goods) and 2100 litres furnace oil (input) was noticed. The officers also recovered a blank invoice book without any printed serial number but duly authenticated by Shri Lachman Das Manwani, Director of M/s. Manwani Industries Limited and a franking machine was also recovered. On verification of the same it revealed that the payment was made to contractor, Shri Santosh Kumar Narayan Prasad in connection with loading of finished goods. Shri Jagdish Chandra Joshi, Authorised Signatory of the party in his statement dated 6-11-96 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... destinely as per loading bill. (v) I also disallow the Modvat credit for recovery of Rs. 13,464.00 on inputs not received by Noticee No. 1 Company. (vi) I also impose penalty of Rs. 41,23,852.00 (Rs. 67,255 + 39,87,668 + 38,384 + 30,545) on Noticee No. 1 under Section 11AC of the Central Excise Act, 1944 read with Rule 173Q of Central Excise Rules, 1944. (vii) I also impose a penalty of Rs. 13,464 under Rule 57-I(4) of the Rules. (viii) I also impose a penalty of Rs. 5 lakhs and Rs. 5 lakhs on Noticee Nos. 2 and 3 under Rule 209A of Central Excise Rules, 1944. (ix) I impose a penalty of Rs. 10,000 on Noticee No. 4 being a low paid employee and also being acted on behalf of and on direction of Noticee Nos. 2 & 3. (x) I also confiscate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the adjudicating authority. The impugned order is non-speaking and is passed without application of mind. This order, therefore cannot be sustained. The order is accordingly set aside and the matter remanded to the original authority for passing a de novo order as per the provisions of law. It is further observed from the record that the appellants did not file any reply to the show cause notice, nor did they appear for personal hearing before the adjudicating authority. Since the matter is being remanded, the appellants shall file their written reply to the show cause notice within six weeks of the receipt of this order. The Commissioner shall fix the matter for personal hearing and afford a reasonable opportunity of hearing to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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