2018 (7) TMI 404

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..... penalty is not warranted - there is no requirement of issuance of Show Cause Notice for imposition of penalty - penalty set aside - appeal allowed - decided in favor of appellant. - Appeal No. E/554/2012 - FO/75688/2018 - Dated:- 7-2-2018 - Shri P.K. Choudhary, Member (Judicial) Shri A.D. Roy, Advocate Shri S. Mishra, Advocate for the Appellant (s) Shri S. Mukhopadhyay, Suptd.(A.R .....

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..... goods from their premises without obtaining permission from the competent authority. The Adjudicating authority confirmed the demand of duty of ₹ 6,40,328.00 along with interest and imposed penalties amongst others. It has also appropriated the entire amount of duty as deposited by the appellant. By the impugned Order the Commissioner (Appeals) rejected the appeal filed by the appellant. .....

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..... m the record that Shri Prasant Tulsiyan, one of the Director of the appellant company, in its statement dated 26.03.2010 accepted the shortage of raw materials and finished goods and deposited Cheque No. 797364 dated 26.02.2010 for ₹ 14,60,000.00 in favour of the Commissioner of the Central Excise, Kolkata -VII Commissionerate. The appellant contended that shortage was due to the theft occur .....

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