2006 (8) TMI 336

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.... Appellant. Shri V.K. Agarwal, JDR, for the Respondent. [Order]. -  This appeal is directed against Order-in-Appeal dated 30-4-2004 which upheld the order-in-original confirming the demand of duty and imposing penalties on the company as well as its Director. 2. The relevant facts that arise for consideration are that the officers and Preventive staff of the Central Excise, P....

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....s done on 29-12-2001 in the factory had not considered the stock which were found excess on 21-6-2001 in the appellant's sister concern. It was also submitted that the lower authorities have not brought on record any specific evidence regarding clandestine removal of the short found goods. As regards penalty on the Director it is his submission that the penalty imposed on the Director in this case....

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.... on 29-12-2001 in itself indicates that there could be chances of clandestine removal though attributable to the clerical staff having been involved in this case. It is the appellant's defence that the excess of 55000 Mtrs. of M.M. fabric which was recorded on earlier stock verification, if considered would not have resulted in shortage of 36949 Mtrs. of cloth is without any substance in as much t....

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....le to be upheld and I do so. Since the appellant had already deposited the entire amount of duty, interest payable and 25% of the penalty imposed within 30 days of receipt of this order the provisions of Section 11 AC in this case are applicable. 6. As regards personal penalty imposed on the Director of the company, I find that he had, in his statement dated 29-12-2001 clearly mentioned th....