TaxTMI 
TaxTMI 
2009 (6) TMI 546
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....alling under Chapter Sub-heading No. 5402.32 and 5402.52 of the Central excise Tariff Act, 1985. The said RTPL availed the exemption of clearing the goods on payment of concessional rate of duty as envisaged under Notification No. 3/2001-CE., dated 1-3-2001. 3. On the conclusion of the investigation show cause notice was issued to M/s. RTPL for the demand of duty for having been mis- utilized the benefit of Notification No. 3/2001, on the ground that they had used non duty paid raw material and cleared finished product under parallel set of invoices by the supplier. A show cause notice was also issued to the current appellant who was the Managing Director of the said RTPL as to why penalty should not be imposed on him under Rule 26 of th....
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....t. Ltd. and correspondence with State Bank of India mid some loose sheets. It is his submission that the so called in criminating documents are not at all a documents pertaining to M/s. RTPL. Further, it is his submission that the issue is now squarely settled in favour of the appellant by the decision of the Hon'ble High Court of Mumbai in the case of Jayantilal Thaker & Company v. Union of India -2006 (195) E.L.T. 9 (Bom.) = 2007 (8) S.T.R. 312 (Bom.) and Larger Bench of the Tribunal in the case of Steel Tubes of India v. CCE, Indore - 2007 (217) E.L.T. 506 (Tri.-LB). He relied upon these two decisions for the proposition that for imposition of penalty wider 209A/ Rule 26, the person should have dealt with the excisable goods with the kno....
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....There is no reason for these incriminating documents to be in the custody of Shri Ashish Maheshwari if he is not concerned with the evasion of duty as revealed through these documents. Moreover, he, being the Managing Director of the Company looking after its day to day activities, it is unimaginable to think that he does not know anything about the clandestine and surreptitious activities going on in the Company. As the impugned goods have been cleared without payment of duty which are Ii- able for confiscation and I hold that Shri Ashish Maheshwari has concerned himself with the impugned transactions i.e. illicit procurement of raw materials and clandestine manufacture and removal of finished goods and hence I am inclined to impo....
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....ent of Managing Director of Company - Penalty imposed upon him upheld - Rule 209A of erstwhile Central Excise Rules, 1944." 6.1 As against the said findings, we find that the punchanama/Mahazar which has recorded the recovery of incriminating documents, from the official car given to the appellant, indicates that the officers found one box file titled as LC Bills, containing invoices of Kansal Tex-Fab Pvt. Ltd. correspondence with the State Bank of India and some loose sheets. There is no clarity as to the contents of the loose sheets. On perusal of the mahazar and the findings, we find that the Adjudicating Authority has not recorded any finding on this point, and also on the incriminating documents which are found in the official car o....