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TMI Blog2007 (4) TMI 491X X X X Extracts X X X X X X X X Extracts X X X X ..... , for the Respondent. [Order per : K.K. Agarwal, Member (T)]. The brief facts of the case are that the appellants M/s. Royal Profiles are engaged in the manufacture of M.S. Profile cuts. Besides, they were also trading in M.S. Plates (Rect.). Scrutiny of the records and invoices showed that the appellants have supplied circles, rings, flanges or odd-shaped articles by misdescribing them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o also imposed penalty equivalent to duty under Section 11AC on the appellants. A penalty of Rs. 25,000/- on Shri Ismail Shaiwala, Partner of the appellants was imposed. The land, building, machinery, etc. were confiscated under Rule 173Q(2) with an option to redeem the same on payment of redemption fine of Rs. 1 lakh. 2. The learned Chartered Accountant for the appellants submits that demand is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty imposed on Shri Ismail Shaiwala, partner, it was contended that he was not directly involved with the business activity and therefore penalty cannot be imposed on him. In regard to confiscation of land, building, machinery, etc. it was submitted that provisions of confiscation of land, building, machinery, etc. under Rule 173Q do not apply where duty evaded is less than Rs. 1 lakh. 4. We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng activity of profiles. Once there is allegation in the show cause notice which is admitted by the appellants that profiles were cleared as M.S. Plate (Rectangular) as trading activity, obviously then such clearance of profiles in the garb of M.S. Plate (Rectangular) has to be considered as not disclosed by the appellants. The extended period has therefore been rightly invoked. We therefore uphol ..... X X X X Extracts X X X X X X X X Extracts X X X X
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