9911796707
TMI Blog2013 (10) TMI 562X X X X Extracts X X X X X X X X Extracts X X X X ..... vate books recovered and later confirmed in their statements - Prima facie, it is case in favour of the Revenue - The applicants have not been able to make a good case for waiver of duty and imposition of penalty - the applicant has deposited Rs.78,60,500/- during investigation - the applicant to deposit another amount of Rs.50 lakh – upon such submission rest of the duty to be waived till the disposal – Partial Stay granted. - Appeal No.E/ 57155-57156/2013-Ex - STAY ORDER NO.59168-59169/2013 - Dated:- 27-8-2013 - Mrs. Archana Wadhwa and Mr. Manmohan Singh, JJ. For the Appellant : Shri R.K. Philips, Advocate, For the Respondent : Shri M.S. Negi, DR ORDER PER: MANMOHAN SINGH Two stay applications for stay have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the appellant (4) Induction of Shri Furkhan Malik into Shree Krishna Udyog granting 50% of the partnership without any financial background. In his statement dated 21.09.2010 that his father was a cloth vender. (5) Incriminating statement of Shri Pankaj Bansal dated 11.5.2010. (6) The goods manufactured in M/s.Shree Krishna Industries are cleared under bill of M/s.Shree Krishna Udyog and vice versa (7) M/s.Shree Krishna Udyog is not registered with Central Excise as the buyers want goods without excise duty. (8) He admitted that as per law, the firm should have got registered and non-compliance had resulted in contravention of central excise law, he was ready to pay dues towards excise duty payable by the firm; the approximate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd sale was being done by him exclusively. (15) Details/entries of procurement of raw materials, coal and sale of finished goods and payment made to raw material supplier and payment received from the buyers since January 1, 2010 and miscellaneous expenses both in respect of M/s. Shree Krishna Udyog and M/s.Shree Krishna industries recorded in the dairy resumed/recovered at S.No.9 of Annexure-B to Panchnama dated 21.04.2010/22.04.2010 were shown to him and contents thereof were admitted and acknowledged by Shri Pankaj Bansal in his aforesaid statement and explained. (16) Page 17 of the diary reflected the details of the raw material purchased for the new unit in January, 2010 according to which the total quantity during the month was 21 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ials out of which 285.670 of finished goods were manufactured and cleared during the period from 1.4.2010 to 20.4.2010 without payment of duty. The finished goods so cleared were valued sat Rs.96,84,213/- involving central excise duty of Rs.9,97,474/- including education cess as detailed in Annexure-A to this show cause notice. The documents available on record for the period 2010-11 (unto 20.4.2010) revealed that M/s. Shree Krishna Udyog have evaded central excise duty of Rs.9,97,474/- during the financial year 2010-11 to 21.4.2010). (20) Scrutiny of Notebooks/Diaries resumed at S.No.6 and 9 of Annexure B to Panchnama dated 21.4.2010 drawn at E-24, Industrial Area, Sikandarabad revealed that M/s.Krishna Industries, which came into existe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
