9911796707
TMI Blog2003 (4) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... ut of the Show Cause Notice dated 26th February, 2001. 2. Brief facts of the case are that the Central Excise officers searched and seized certain documents from the applicants. Statement of Shri P.K. Gulati was also recorded. On the basis of seized record and statements recorded, it has been, inter alia, alleged as below :- (i) RCBL have cleared 695.93 MT of finished grade of carbon black in guise of Off Grade at a suppressed assessable value of Rs. 10,000/- to Rs. 11,000/- per MT from 7-5-97 to 27-8-99 and thereby evaded excise duty of Rs. 21,64,552/-. (ii) RCBL have cleared fresh carbon black, in guise of Floor Sweep at a suppressed assessable value of Rs. 9,500/- per MT and by issuing invoices indicating quantities l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aking on 29-8-2000 works out to Rs. 1,46,948. 3. Para 21 of the said Show Cause Notice reads as below :- Now therefore M/s. Ralson Carbon Black Ltd. are hereby required to show cause to the Commissioner of Central Excise (Adjudication), Central Revenue Building, IP Estate, New Delhi - 110001 as to why :- (i) an amount of Rs. 32,86,810/- being the central excise duty evaded by them, as detailed in Annexures I to VI, should not be demanded and recovered from them under proviso (1) to section 11A of the said Act. (ii) An amount of Cenvat Credit of Rs. 1,46,948/- in respect of Cenvat Credit inputs found short in their factory premises during stock taking should not be demanded and recovered from them under Rule 57AH of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as referred to in the Show Cause Notice except to the extent agreed upon by Revenue even at the time of passing the admission order. Since, the Revenue is not disputing any further liability the case may be settled on the basis of admitted liability of duty of excise. 6. The applicant had relied upon the case of Rolcon Ceramic Company [Reported in 2002 (143) E.L.T. 460 Settlement Commission Additional Bench, Mumbai]. 7. The Commission has gone through the case record and submission made by the Applicant and the Revenue. The Commission finds that the case law relied upon by the applicant is not in all fours with the present case. However, the Commission finds that the applicant has admitted the whole of duty payable as agreed upon by bo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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