2011 (2) TMI 890

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....s imposed on Shri Mukesh Kumar Ramnivas Gupta, Executive Director of M/s. Micro Polyester and of Rs.60,000/- on Shri Sunilbhai Raja Ram Patil, partner of M/s. Akta Trading Company under Rule 26 of Central Excise Rules, 2002.   2. The appellants have made a prayer to decide the appeal on merits. In their written submissions filed on 18.02.11, they have submitted that as the entire amount of duty was paid before the issuance of the show cause notice and no option to pay lesser penalty was given to them by the adjudicating authority, the same should be extended by the Tribunal.   3. After hearing the learned DR, I find that M/s. Micro Polyester (P) Ltd. are engaged in the manufacture of texturised yarn, grey fabrics and MMF (P)....

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....Polyester (P) Ltd. on the findings of clandestine removal. The said findings are based upon the detection of shortage for POY at the time of visit of officers. Executive Director Shri Mukesh Kumar Ramnivas Gupta admitted having sold the goods against cash payments to M/s. Akta Trading Company. Further investigations corroborated the above position by way of recording of statement of Shri Sunilbhai Raja Ram Patil, partner of M/s. Akta Trading Company, admitting receipt of such clandestinely removed POY. Further as the consideration for the goods in question was received in cash, the Revenue cannot be expected to go into the details and dig out more evidences. The fact of clearances of clandestine removals having been admitted by the seller a....