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2010 (5) TMI 414

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..... le, definitely they were liable to confiscation – Held that: - Assessee was aware or had reason to believe that goods are liable to confiscation - penalty under Section 11AC of Central Excise Act, 1944 has been imposed. - E/32/2009 - A/532/2010-WZB/AHD - Dated:- 20-5-2010 - Shri B.S.V. Murthy, Member (T) REPRESENTED BY: None, for the Appellant. Shri R.S. Srova, JDR, for the Respondent. .....

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..... tter came up today, written submissions have been made by Wiilingdon Associates on behalf of the appellant and it has been requested that matter may be decided on merits. 3. Heard learned DR who submits that in this case Shri Sudhir Jivrajbhai Patel a yarn broker had admitted having purchased the goods without the cover of the invoice on cash payment basis knowingly that the same were non duty .....

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..... ng, concealing, selling or purchasing or in any other manner deals with any excisable goods which he knows or has reason to believe are liable to confiscation under the Act or these rules. When a yarn broker purchases yarn and waste without the cover of invoice on cash basis, he is definitely aware that goods have been removed without payment of duty and would be liable to confiscation. Having pur .....

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