TMI Blog2012 (7) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... visit to the factory premises of M/s Gopal Fibers Pvt.Ltd., (appellant) shortage of textured yarn was noticed. Shri Anand Prakash Bhanwarlal Kalani, the 2nd appellant and the director of the unit admitted that they had sold the quantity found short without preparation of invoices and without payment of duty. Shri Bhavani Shankar Yadav, a yarn broker and the 3rd appellant admitted that he has purc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the responsibility and the 3rd appellant also admitted the purchase of yarn without payment of duty and without cover of the invoice. Both are knowledgeable and both were in the same business and therefore, knowingly they have committed an offence and therefore deserve penalty. 3. I have considered the submissions made by ld.A.R. Nobody appeared on behalf of the respondent and the notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty on the 1st appellant comes to Rs.30,000/- and the total evasion of duty is around Rs.1,20,000/-. Having regard to the total amount of duty evaded and penalty imposed on the first appellant and having regard to the fact that none of the appellant is in appeal, I consider that the view taken by Commissioner (Appeals) that since the penalty upon the 1st appellant is reduced, the penalties on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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