9911796707
TMI Blog2008 (4) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... ard both sides and perused the records. 2. The relevant facts of the case, in brief, are that the Appellants are engaged in the manufacture of Shoe Soles of Polyurethane and Thermoplastic Rubber classifiable under sub-heading No. 6401.91 of the Schedule to the Central Excise Tariff Act, 1985. On 29th January 1998, the Preventive Officers of Central Excise visited the Appellant s factory and cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of clandestine removal is based on seven cancelled invoices, which was intimated to the Range Superintendent much before the visit of the officers. He also submits that no stocktaking was conducted. He further submits that both the authorities below totally ignored the submission of the ld. Advocate and no finding was given on the retraction of the statement. 4. Ld. DR reiterates the findi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... portion of the letter dated 30-1-98 is reproduced below :- Yesterday i.e. on 29-1-98 preventive staff of Central Excise Division-II, Gurgaon raided our factory and confined me to a room till late night and forced me to write a dictated statement under threat and coercion. The recorded statement is not true and factual statement and no cognizance of it should be taken. The amount of Rs. 1,95,48 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter dated 30-1-98 and to decide the matter after considering the various submissions of the Appellant. Accordingly, the impugned order is set aside and the matter is remanded back to the Adjudicating Authority to decide afresh after considering the submission and to pass order in accordance with law. The appeal is allowed by way of remand. (Order dictated pronounced in open court on 11-4-2008 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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