2006 (1) TMI 383

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....ondent. [Order per : C.N.B. Nair, Member (T)]. - Assessee and revenue are in appeal against the same order. Both the appeals were taken up together and are disposed of by this common order. 2. Impugned order has confirmed duty demand of Rs. 3,68,690/- and imposed an equal amount of penalty. There is also demand of interest. 3. Short -levy demand has been confirmed on the ground that....

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.... of goods. Appellant also has made efforts to show that some of the goods mentioned in the Challans remain cleared on payment of duty in terms of the invoices, though quantities mentioned in the challans and corresponding invoices do not exactly tally. Further, during the hearing before us, the learned counsel for the assessee has shown that some of the challans relate to the removal of goods for ....

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.... from day to day. Therefore, this book has to be taken as a production record. Appellant's efforts to explain it away as an unauthorisedly maintained record by some labourer cannot find acceptance. Similarly, challans also indicate the quantity sold, goods under sale, and in some cases receipt of payments. Therefore, those entries have also to be taken as authentic record of actual sales and not o....

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....duty. In view of the reduction in duty demand and other facts and circumstances of the case, we are of the opinion that the penalty imposed also requires reduction. 6. In view of our findings, duty demand is reduced by Rs. 58,596/- (rupees fifty eight thousand five hundred ninety six) and penalty is fixed at Rs. 2 lakhs (Rupees two lakhs). The appeal of the assessee is allowed to this extent....