2006 (4) TMI 420

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....i, SDR, for the Respondent. [Order]. -  This appeal is against a demand of duty of Rs. 1,10,250/- and a penalty of Rs. 27,500/-. In the impugned order, the lower appellate authority found that the appellants had manufactured 21 computers, valued at Rs. 7,35,000/-, and cleared the same without payment of duty during the period July 1995 to August 1996 in contravention of various provisio....

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....e show cause notice. No copy of this reply is available on record. However, in the order of adjudication, there are references to the statements given by both the partners under Section 14 of the Central Excise Act read with Section 108 of the Customs Act. Both the partners admitted that they had manufactured computers and cleared the same without payment of duty during the above period. On the ba....

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....cumstances, adverse inference will have to be drawn against the appellants. Moreover, the retraction made in April 2000, of earlier statements made in May 1999 is too belated to be accepted as genuine. In the result, the confessional statements would hold the field and there is no need to search for evidence. The arguments to the contra cannot be accepted and, for that matter, the case law cited i....