2005 (12) TMI 398

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....cum-Delivery Challan dated 25-5-2000 issued by M/s. Sonal Vyapar Ltd. (appellants in E/1011/2004) from their godown and this document apparently covered second sale of MS angles. The lorry-driver, in his statement, stated that the goods were loaded from the factory of M/s. Sonal Vyapar Ltd., and that he had not even seen the godown premises. Shri V. Agarwal, Director of the company, in his statement, admitted that the goods were manufactured and cleared from the factory and that such clearance was effected under trader's invoice without payment of duty. It was also stated that the clearance was from the unaccounted production of the day (25-5-2000). From the above statements, it appeared to the Department that the goods seized from the lorr....

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....er (Appeals) sustained the confiscation of the vehicle along with redemption fine in lieu of confiscation. 2. After examining the records and hearing both sides, I find that the statement of the Director of the company, which is inculpatory, was not retracted shortly. The so-called retraction of the statement by the company through their reply to the show cause notice dated 2-1-2001 is not a valid retraction in the eye of law inasmuch as there is no explanation whatsoever for the delay of retraction. Hence the lower authorities have rightly relied upon the above statement of the Director to reach a finding that the goods were being clandestinely removed, without invoice or payment of duty, from the factory under cover of trader's in....