2013 (11) TMI 1423

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.... 2002 read with Section 11AC of the Central Excise Act, 1944 and a penalty of Rs.50,00,000/- (Rupees fifty lakhs only) imposed on Shri Bhabani Prasad Mukherjee, Director of Purulia Metal Casting Pvt. Ltd., i.e. Applicant No.(2) imposed under Rule 26 of the Central Excise Rules, 2002. 2. At the outset, the ld. Consultant appearing for the applicants, narrating the facts of the case, has submitted that a search was conducted at the premises of M/s Bravo Sponge Iron (P) Ltd.. As a follow up action of the said search, the residence of Mr. Devki Nandan Sureka, who was looking after the store of the Applicant No.(1), was searched on 11.06.2007 by the Central Excise Officers and certain loose documents were recovered. Statements of various pers....

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....ka, who is Accountant and Authorized Signatory of the Applicant Company. He has submitted that the case is based on an Intelligence Developed by the Officers that M/s Bravo Sponge Iron (P) Ltd., a manufacturer of sponge iron, were supplying sponge iron without payment of duty to the Applicants and the certain records/documents relating to such receipts were concealed in the premises of Shri Sureka and therefore, the residence of Shri Sureka was searched, which resulted into recovery of the loose registers mentioning therein the records of receipts of raw materials and despatch of finished goods, weighment slips of suppliers of raw materials and other incriminating documents. He has submitted that these weighment slips were shown to the conc....

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....jee, in his statement dated 26.06.2007, admittedly recognized the weighment slips of M/s Bravo Sponge Iron (P) Ltd., recovered from the premises of Shri Sureka. Likewise, Shri Harilal Mondal, Store-in-Charge and Shri Sushil Kumar Lal, raw material-in-charge and M/s Vijaya Sponge and Ispat Pvt. Ltd., Shri Ajay Kukar Jha, Authorized Representative of M/s BISCO Metal and Power Pvt. Ltd. etc., gave similar statements. These statements clearly indicate that the documents recovered from the premises of Shri Sureka were geneuine and reflect the true entries of receipt of raw materials and dispatches of finished goods by the Applicants. We also find that the adjudicating authority has recorded in his order that the Applicant Company paid to the Ban....