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TMI Blog2011 (7) TMI 969X X X X Extracts X X X X X X X X Extracts X X X X ..... and declarations of stocks were not made by the appellant/applicants hereinabove either in their capacity as director of the companies or in their personal capacity. It is also seen from the findings recorded by the adjudicating authority that there is no corrobrative evidence on records, to come to a conclusion that the appellant company and two individuals had played any role in the entire exercise of duty evasion by M/s. KGPF. - Pre deposit waived - stay granted. - E/755/2010-Mum. to E/766/2010-Mum - M/537-560/2011/EB/C-II S/520-531/2011/EB/C-II - Dated:- 8-7-2011 - Shri M.V. Ravindran, Shri Sahab Singh, JJ. Represented By: Shri C. Harishankar, Advocates for Appellant Shri P.N. Das, SDR for Respondent Per: M V Ravin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng parties for waiver of pre-deposit of the amounts indicated against their name as given below: Sr. Name of the Manufacturers No. Cenvat Credit Penalty (in Rs.) 1. M/s. Confidence Exports Pvt. Ltd. 49,35,124.00 49,35,124/- 2. M/s. Delight Solutions Pvt. Ltd. 44,37,054.00 44,37,054/- 3. Dewdrop Impex Pvt. Ltd. 47,55,044.00 47,55,044/- 4. Gayatri Polyester Pvt. Ltd. 49,82,194.00 49,82,194/- 5. Issuka Properties Pvt. Ltd. 49,84,763.48 49,84,764/- 6. Ivory Enterprises Pvt. Ltd. 46,80,577.00 46,80,577/- 7. Sahima Properties Pvt. Ltd. 56,42,316.00 56,42,316/- 8. Sur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of the hereinabove mentioned applicants/assessees. After taking us through the entire allegations, it is his submission that the authorities had recorded initial statement of Shri Harish Bulchandani/Shri Suresh Hotwani, wherein it was recorded that declarations for Central Excise Registration and the declaration of stock of grey fabrics lying in godowns were made. It is his submission be that as it may, they requested for the verification of the signature made in the declarations and referring the same to an expert agency at Central Government Examiner of Questioned Documents (GEQD). He would draw our attention directly to the said paragraph No. 34 and submit that the GEQD had clearly mentioned in their letter dt. 14.09.2004 and 24 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chandani indicates that they were involved in the entire issue. It is his submission that the appellant should be put to some conditions. 10. On considering the submissions of both sides and on perusing the records, we find that the duty demand and the penalty imposed against the above said appellants, is on the ground that they applied for Central Excise Registration and declared non existent stock of grey fabrics for availment of ineligible CENVAT credit and thereby utilized the same for payment of duty and claim rebate from the department. On perusal of the records and more specifically in paragraph 34 of order-in-original which we may reproduce: "Sincs, both Shri S. Hotwani and Shri H. Bulchandani claimed that the signatures put on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion/declaration. The Government Examiner of Questioned Documents, Hydrabad further informed that it was not possible to link the authorship of the writings in the said application/declaration with the handwriting and signatures of Shri Rameshchandra Agarwal or Shri Rajiv Gupta, contained in the original copies of the statements tendered by them before the investigators". It can be seen from the above reproduced paragraph that the adjudicating authority has clearly recorded that the Government Examiner of Questioned Documents, Hyderabad has reported, that signatures made on the application for Central Excise Registration Certificate, and the declaration, do not tally/match with the signatures of Shri S. Hotwani/Shri H. Bulchandani. This w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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