9911796707
TMI Blog2013 (6) TMI 507X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Rep by: Mr Amit Awasthi, Adv. Respondent Rep by: Mr Ganesh Haavanur, Additional Commissioner (AR). Per: M. Veeraiyan: Heard both sides extensively on the Stay Petitions. 2.1. The application by M/s Shree Radha Krishna Alloys Pvt. Ltd. Seeks waiver of pre-deposit of duty of Rs.84,86,105/- along with interest and penalty of equal amount in addition to other penalties. 2.2. Application by Shri Sanjay Agarwal, M.D. of M/s. Shree Radha Krishna Alloys Pvt. Ltd. seeks waiver of pre-deposit of penalty of Rs. 50 lakhs imposed on him under Rule 26 of the Central Excise Rules, 2002. 2.3. The other application by Shri Md. Sohaib, Accountant of Shree Radha Krishna Alloys (P) Ltd. seeks waiver of pre-deposit penalty of Rs.25,000/- imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (e) The purchasers like by M/s. Indus Steels Alloys Ltd., M/s. VRKP Steel Industries (P) Ltd., M/s. Chamundi Steel Casting (I) Ltd. and M/s. Kali Metals (P) Ltd. have clearly admitted to receiving goods without payment of excise duty from the appellant-assessee. (f) The appellant-assessee also paid a sum of Rs. 7 lakhs during the course of investigation towards duty due on unaccounted clearances. 4.1. Learned advocate appearing for the appellant-assessee submits that statements of Vijay Sangani and Sohaib stand retracted by filing affidavit, though belatedly, and that the said affidavits were filed before the Commissioner along with reply to the show-cause notices. He also submits that Managing Director has not admitted to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee, we find that they have no prima facie case on merits. The clandestine removal of the goods using parallel invoices is admitted and it is clearly corroborated by seizure of MS Ingots in two trucks with parallel invoices. There were more than one unused blank book without having serial number. In a few cases it is admitted by the authorized signatory that the goods have been cleared using parallel invoices. We also find that the purchasers have also admitted to receiving the goods without payment of duty. Under these circumstances, the dispute, if any is only on the quantum of duty which has been evaded and note fact of evasion. In view of the above, we direct the appellant assessee to deposit a further sum of Rs.35 lakhs (Rupees Thirt ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
