TaxTMI 
TaxTMI 
2010 (12) TMI 199
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.... Shri None PER: RAKESH KUMAR 1. The facts giving rise to these appeals are, in brief, as under:- 1.1 The respondent are manufacturer of HDPE laminated fabric chargeable to Central Excise duty. On receipt of the intelligence, that they are indulging in the evasion of Central Excise duty by way of suppressing production of finished goods and removing them clandestinely from their factory premise....
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....onfirming duty demand and also imposition of penalty under Section 11AC read with Rule 25 on the respondent company as well as on the Director under Rule 26. Both the show cause notices were adjudicated by the Assistant Commissioner by two respective orders by which the duty demands were confirmed alongwith interest and penalty of equal amount was imposed on the respondent company and penalt....
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....n merits. 3. Heard Shri S.K.Bhaskar, learned SDR, who pleaded that the respondents factory was visited twice and on each occasion there was huge shortage of HDPE laminated fabric, that the respondents director also stated that the goods found short has been cleared clandestinely without payment of duty; that in view of such huge unexplained shortage, that too on two occasions and admission ....
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....hri Dhruv Ruia not only accepted the shortage but also admitted that the goods have been cleared clandestinely without payment of duty. When the shortage of huge quantity was detected on both the occasions, and on both the occasions the respondent accepted the shortage and stated that the same is on account of clearance of the goods without payment of duty, the setting aside the penalty imposed on....