2003 (9) TMI 467

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....anesan, Representatives, for the Appellant. None, for the Respondent. [Order].  Background facts so far as relevant are essentially as follows : 2. M/s. Senthil Engineering Company (M/s. SEC) have fraudulently taken credit of Rs. 90,000/- in their PLA account, amount paid in favour of M/s. Venkateswara Electrical Industries Pvt. Ltd. (M/s. VEI) and cleared goods fraudulently ....

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....,000/- even though paid in the Bank in favour of M/s. VEI the same has not been taken credit by M/s. VEI; that Shri Vellaisamy has left the organisation and undertaken to pay the amount of Rs. 90,000/- with interest and requested for lenient view. 5. Statements were also recorded from Shri Sivasubramani, Director of M/s. VEI on 12-12-2001 and Shri V.K. Arumugam, Managing Director of M/s. V....

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....canery. The whole exercise appears as a work of immense deviousness. Appellant himself finds it futile to explain his shattered credibility, and would therefore seek to restrict the scope of this Appeal to getting relief from penalty. But even this, is it possible? The Hon'ble Apex Court in Commissioner of Customs v. Candid Enterprises reported in 2001 (130) E.L.T. 404 (S.C.) has held "Fraud nulli....