2007 (8) TMI 116

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d were made along with interest and penalty under different section - Allegation proved demand and penalty u/s 11AC sustained and interest amount were set aside
[Order per]. - Duty demand of Rs. 1,27,283/- being Modvat credit availed on 6344.12 kgs., of resins removed clandestinely without payment of duty by the appellants from May, 1997 to September, 1998 has been confirmed by the authorities .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... firm. Since the statement regarding clandestine removal of 6344.12 kgs., stands corroborated by an independent statement of another employee of the assessee, and the partner has also written a letter confirming clandestine removal, the duty demand is required to be sustained as no satisfactory explanation for setting aside the same has been put forth before me. 4. As regards penalty under Section .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... levy of interest under this provision was passed. I, therefore, set aside the levy of interest. Penalty under Section 11AC is sufficient and there is no case for imposition of penalty under Rules 173Q and 226 over and above the penalty already imposed under Section 11AC. I, therefore, set aside the penalty imposed under Rules 173Q and 226. 5. The appeal is thus partly allowed. (Dictated in Court .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X