TaxTMI 
TaxTMI 
2004 (9) TMI 529
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....ices issued in the name of Shah Enterprises as well as in their own name, the officers of Central Excise raided their factory premises on 2/3-9-97. Simultaneous searches were also conducted at the premises of Shah Enterprises and residence of the Director of Mahavir Castings Ltd. The Manager of M/s. Vijay Transport Company Ltd., Ahmedabad was summoned to produce the copies of lorry receipts in respect of castings despatched by M/s. Mahavir Castings Ltd. and M/s. Shah Enterprises through them during the period 1994-95 to 2-9-97. Subsequently, the investigations were extended to various buyers of Mahavir Castings Ltd. as well as their associates and the persons connected with their business activity which has resulted in evidence that they we....
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....s) by the present respondents and the lower appellate authority partly allowed the appeals by upholding the demand covered in Annexures III, VI and VII to the show cause notice, while dropping demands covered by Annexures I, II, IV and V. He reduced the penalty imposed on the manufacturer to Rs. 1 lakh and penalty on its Director to Rs. 50,000/- and set aside the penalties on ex-Director of the manufacturer and on the proprietor of Shah Enterprises. The Revenue is in appeal against the setting aside of the demands covered by Annexures I, II, IV and V, as well as the reduction of penalty and setting aside of the penalties, while cross-objections were filed by the manufacturer against the confirmation of.duty covered by Annexures III, VI and ....
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....nable. 4.  Annexure II shows details of castings cleared by M/s. Mahavir Castings Ltd. without payment of duty under the cover of invoices of M/s. Pooja Foundry produced by Ravi Industries, Hi Life Machine Tools Pvt. Ltd., Ravi Engineers and Beama Manufacturers. The evidence relied upon for confirming the duty raised in this Annexure consists of the statements of Ronak S. Shah as well as the statement of one D. Patel of Pooja Foundry who has stated that he does not manufacture SQ Iron casting. However, he does not deny the manufacture of any type of casting and the description of the goods in Annexure II is only C.I. castings. Therefore the statement of D. Patel has been mis-interpreted to mean that C.I. castings were not actually m....