2007 (8) TMI 567

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....on 30-8-2000 and recovered certain records and private diaries under panchanama. Scrutiny of the said records revealed that the figures of production and clearances shows in RG-1, were lower than the figure shown in recovered private diaries. Statements of Production Manager and other persons were recorded, which indicated that there was clandestine removal of the goods. Upon the conclusion of the investigation, show cause notice was issued to all the four appellants for confirmation of duty and for imposition of penalties. The adjudicating authority confirmed the demand of the duty and imposed equivalent amount of penalty on the manufacturer and also imposed penalties on Managing Director, Director and Production Manager of the assessee. O....

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....t there has been clandestine removal. 5. Considered the submissions made at length by both sides and perused the records. 6. The main issue involved in this case is whether the clandestine removal of the finished goods has taken place or not based on the records maintained by the company and by the Production Manager. It is undisputed that Shri N.V. Anandwade was the production Manager of the appellant's company i.e. Ved Textiles Pvt. Ltd., during the relevant period. It is also undisputed that the Production Manager has on the date of visit of the officers was maintaining private diaries, which were recovered from the factory premises of the assessee i.e. Ved Textiles Pvt. Ltd. It is also undisputed that the Production Mana....