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TMI Blog2018 (12) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... l premises occupied by the appellant along with his brother Shri Manoj Kumar Sahu, at Banda. The ground floor of the premises was used as office of various companies/firms of the brothers engaged in manufacture and trading of Gutka. A chest was lying in the office/business premises of the ground floor which is opened by the appellant Swatantra Kumar Sahu before the witnesses, and wherein it was found to contain cash of Rs. 1,75,000/-. As no immediate explanation was given for the said cash, it appeared to the officer that the same is as result of unrecorded sale and clandestinely removed Gutkha of various brands manufactured at their various factories. Statement of Shri Swatantra Kumar Sahu was recorded on 31.05.2007 wherein he stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the distribution of the existing property amongst the family members of Shri Rakesh Kumar Sahu, his brothers and sisters. Further it said agreement reveals that profit and loss in manufacturing and trading of Gutka will be distributed in the ratio of 50%, 30% and 20% among Shri Rakesh Kumar Sahu, Shri Manoj Kumar Sahu and Shri Swatantra Kumar Sahu respectively. It was further observed by the Assistant Commissioner that in the course of personal hearing, appellant have not furnished proper evidence in respect of recovered currency that the same was not the sale proceed of excisable goods. Accordingly, the said currency of Rs. 1,75,000/- was confiscated and also equal amount of penalty was imposed under Rule 26 of Central Excise Rules, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income tax returns filed by the appellant are a bunch of papers carrying neither any authentication nor any acknowledgement from the income tax department. 4. Having heard the parties and considered the evidences on record, we find that the appellant had only stated in his statement under section 14 that the cash found and seized was out of their business operations. The appellant had also led evidences that they had income from other business of trading in Bhusan, provisions and also on rental income. Nowhere it is stated that the cash recovered is from the sale proceeds of clandestinely removed Gutka. The appellant is also doing trading business of Kirana/grocery. We take notice of our findings in the Appeal Nos. E/57116-57125/2013 aris ..... X X X X Extracts X X X X X X X X Extracts X X X X
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