2010 (7) TMI 393

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....rity under the provisions of Rule 209A of the Central Excise Rules, 1944. 3. The above mentioned penalty has been imposed upon the current appellant as the Ex-Managing Director of M/s. United Tropical Veneers Pvt. Ltd. (hereinafter referred to as M/s. UTVPL) for involvement in under valuation of final products cleared from factory. 4. The learned Counsel on behalf of the appellant submits that the role of the current appellant has not been pinpointed by the Adjudicating Authority. It is his submission that the current appellant did not direct anyone for under valuation of the goods cleared by M/s. UTVPL. It is also his submission that there are no evidences brought on record to indicate that the appellant had collected cas....

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....aragraphs. Shri Simon has accepted the fact of under valuation and the collection of excess amounts over and above the invoice amounts. However, he was disputing the allegations that goods produced by UTVPL, were cleared under the invoice of UWI. Enough discussions have been given in the preceding paras that UWI was concerned in the activity of furniture selling and they did not manufacture any plywood or veneers of any kind. Sam Philip, the proprietor of UWI, had also submitted that his company did not involve in the manufacture of plywood or veneer; that he had opened two current accounts and handed over the passbooks and the plain cheque books to Shri Simon. There were also evidences that the cheques/DD for the goods removed under invoic....