2012 (11) TMI 565

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....er: Sahab Singh This is an application for waiver of pre-deposit and stay of recovery of duty of Rs.2,66,853/- and equal amount of penalty confirmed by the lower authorities.   2. The brief facts of the case are that officers of Directorate General of Central Excise Intelligence searched the premises of M/s Vishnu Steels and during the search, various documents including the Notebook an....

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....h was confirmed by the lower authorities.   3. Learned Advocate appearing for the applicants submits that demand against them is based on the third party statements and third party s records allegedly retrieved from M/s Vishnu Steel and Shri Mithunlal Gupta, the Director of M/s Bhavshakti Steelmines Ltd. had denied the supply of goods to M/s Vishnu Steel. He further submitted that the appl....

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....ant in their record as supplier of the goods. He, therefore, submitted that it is a clear case of clandestine removal of the goods by the applicant in this case.   5. After hearing both sides, I find that Shri Mithunlal Gupta, Director of the applicant firm has denied in his statement about any supply of the goods to M/s Vishnu Steel. I also find that show-cause notice has been issued to t....