TMI Blog2006 (8) TMI 475X X X X Extracts X X X X X X X X Extracts X X X X ..... , Superintendent and Kalyanapasupathy, I.O. DGCEI, for the Department. [Order]. Shri P. Srinivasulu Reddy, one of the co-noticees in the SCN No. V/Ch72/03/2005-CX.ADJN dated 17-1-2005 issued to M/s Trichy Steel Rolling Mills Ltd (hereinafter referred to as the Applicant) filed a separate application dated 6-2-2006 requesting for waiver of penalty proposed under Rule 209A of the Central E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation. As such, he claims that no penalty is imposable on him under the said rules. He claimed, that there was no material evidence cited in the Show Cause Notice to suggest that the applicant knew or had reason to believe that the goods were liable for confiscation. He, however, stated that he wished to apply for settlement and requested for waiver of penalty and immunity from prosecution. 3. R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the manufacture and removal of excisable goods which he knew or had reasons to believe are liable for confiscation under the Act and the Rules...... 4. The case was heard on 14-8-2006. Shri P. Sreenivasulu Reddy himself was present to argue his case. Revenue was represented by S/Shri Tamilvalavan, Joint Commissioner, Shri D.P. Naidu, Joint Director, NACEN, Shri P. Kumar, Superintendent and S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... test made by the applicant, it is clear from the records that trie unaccounted removals had taken place under his supervision and the procedure adopted for sales and collection of cash was known to him as revealed from the statement given by him. It is significant to note that he has not retracted from the statement given by him. The Bench observes that the case of the main applicant i.e. M/s Tric ..... X X X X Extracts X X X X X X X X Extracts X X X X
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