9911796707
TMI Blog2009 (12) TMI 740X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise duty as provided under Rule 8 of the Central Excise Rules. On 11-7-2001 at 21.50 hrs. on the road, a vehicle bearing registration No. TN-28/R 7995, which was loaded with Floor Carpets at 500 feet away from factory gate of the appellants, was intercepted by the officers of Central Excise. On perusal of the Central Excise documents and other documents accompanied the goods and produced by the driver of the vehicle, it was observed that the date and time of preparation of Invoice No. 427 and Challan No. 327 accompanied the invoice was dated 30-6-2001 and the consignment note of M/s. Goel Carriers Pvt. Ltd. was dated 11-7-2001. Also the date of removal mentioned on the invoice was shown as 11-7-2001. Due to the abnormal time gap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of the goods from the factory and in this case the appellants prepared the invoice on 30-6-2001 to achieve the sales target as per the Bank requirement in order to get the better loan facility from the Bank beyond the quantities closed and the amount and accordingly entry in the register were made. He further submitted that to show the target to the Bank, the appellants prepared the invoices on 30-6-2001 and the goods were removed from the factory only on 11-7-2001 and there is no allegation against the appellants that the goods cleared on 11-7-2001 by invoice dated 30-6-2001 or removed without payment of excise duty and there is no allegation against the appellants of clandestine removal of the goods. The only allegation against the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules, 2002, which is reproduced herein as under : - Rule 8. Manner of payment - The duty on the goods removed from the factory or the warehouse during the first fortnight of the month shall be paid by the 20th of that month and the duty on the goods removed from the factory or the warehouse during the second fortnight of the month shall be paid by the 5th of the following month. In this case, the goods were removed from the factory on 11-7-2001 and. the duty is to be paid by 20-7-2001. In that event there was no intention to evade the payment of Central Excise duty by the appellants. Moreover, there is no allegation on clandestine removal of the goods against the appellants and only allegation against the appellants is that they rais ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
