TaxTMI 
TaxTMI 
2010 (7) TMI 516
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....ri S.K. Mall, SDR, for the Respondent. [Order]. - Both the appeals are being disposed off by a common order as they arise out of the same impugned order confirmed by the authorities below vide which duty of Rs. 93,029/- stands confirmed against M/s. Galaxy Textiles along with imposition of penalty of identical amount in addition penalty of Rs. 30,000/- stands imposed on Shri C.B. Amin,....
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.... excise duty on the clandestinely removed final product as also the customs duty on the raw materials used in the manufacture of such goods. Penalties were also imposed on the appellant company, its partner and authorized signatory. 4. On an appeal against the above order Commissioner (Appeals) set aside the confirmation of demand of customs on the raw material used in the manufacture of f....
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....and as there has been no retraction to the statements, the findings of illicit removal have to be arrived at. 7. However, I find that the statement of the authorized signatory, Shri C.B. Amin, recorded on 13-2-04 to the effect that he is satisfied with the way the stock verification has been carried out; that there was a physical shortage of finished goods; that he admits the offence of shortag....
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....al error and calculation mistakes. 8. In view of the above statements, the observations made by Commissioner (Appeals) that the partner as also authorized signatory had accepted illicit removal of the final product is factually incorrect. What the said deponent has accepted is the fact of shortage only. In fact they have clarified that the shortages might have occurred on account of some c....