2013 (11) TMI 1024

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....ses and also Shri Manoj Kumar Khare, the Authorised Signatory. In course of stock checking there was shortage of 86.74 M.T. of MS Ingots involving duty of Rs. 2,26,506/- and shortage of 250 kg. of Silico Manganese involving Cenvat credit of Rs. 469/- total duty/Cenvat credit involved of finished goods and raw material found short of Rs. 2,26,964/-. Shri Manoj Kumar Khare, Authorised Signatory in his statement admitted that the short found goods were removed from the factory without payment of duty and without issue of invoice and he also accepted the duty liability and assured for making payment of duty through PLA. The duty/Cenvat credit involved was paid by the respondent on 10/3/05. After issue of show cause notice, the Jurisdictional As....

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....n of penalty on the respondent company under Section 11AC and Shri Manoj Kumar Khare, Authorised Signatory under Rule 26, that the decision of Commissioner (Appeals) is contrary to the law laid down by the Apex Court in the case of Union of India vs. Rajasthan Spinning and Weaving Mills reported in 2009 (238) E.L.T. 3 (S.C.), and that the judgment of Hon’ble Bombay High Court relied upon by the Commissioner (Appeals) is no longer a good law, in view of the judgment of Apex Court’s judgment. He, accordingly, pleaded that impugned order setting aside the penalty on respondent company and on Shri Manoj Kumar Khare, Authorised Signatory is not correct. 4. I have considered the submissions of learned DR and have gone through the memorandu....