2006 (8) TMI 475

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....Jt. Commissioner, D.P. Naidu, Jt. Director, NACEN, P. Kumar, Superintendent and Kalyanapasupathy, I.O. DGCEI, for the Department. [Order]. -  Shri P. Srinivasulu Reddy, one of the co-noticees in the SCN No. V/Ch72/03/2005-CX.ADJN dated 17-1-2005 issued to M/s Trichy Steel Rolling Mills Ltd (hereinafter referred to as the Applicant) filed a separate application dated 6-2-2006 requesting ....

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....le goods which he knew or has reason to believe are liable to confiscation. As such, he claims that no penalty is imposable on him under the said rules. He claimed, that there was no material evidence cited in the Show Cause Notice to suggest that the applicant knew or had reason to believe that the goods were liable for confiscation. He, however, stated that he wished to apply for settlement and ....

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....ollection of amount in cash for the unaccounted sales. Thus, he has dealt with the manufacture and removal of excisable goods which he knew or had reasons to believe are liable for confiscation under the Act and the Rules......" 4. The case was heard on 14-8-2006. Shri P. Sreenivasulu Reddy himself was present to argue his case. Revenue was represented by S/Shri Tamilvalavan, Joint Commiss....

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....emsp;The Bench has considered the facts of the case and the rival submissions. Despite the protest made by the applicant, it is clear from the records that trie unaccounted removals had taken place under his supervision and the procedure adopted for sales and collection of cash was known to him as revealed from the statement given by him. It is significant to note that he has not retracted from th....