2009 (7) TMI 410

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....for the Appellant. Shri P.R. Venkataraman, Consultant, for the Respondent. [Order]. - The brief facts of the case are that the assessees herein are registered manufacturers of plywood and compreg boards. During the visit of the officers of the Divisional Preventive Unit to the factory of the assessees on 16-11-2004, and on verification of the records, registers and balance sheets, it was fou....

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.... inclusion of value corresponding to trading activity was rejected by the adjudicating authority who confirmed a demand of Rs. 41,300/- under proviso to Section 11A of the Central Excise Act, 1944 together with appropriate interest and imposed equal amount of penalty under Section 11AC of the Act and a penalty of Rs. 1,000/- under Rule 25 of the Central Excise Rules, 2002. The Commissioner (Appeal....

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....balance sheet does not show any value of trading activity separately and the figure of little over Rs. 67 lakhs represented value of clearances as a composite/consolidated figure and therefore the assessee has not been able to substantiate the plea that they were also carrying on trading activity and had included the value of such activity in the total figure of little over Rs. 67 lakhs in the bal....