TaxTMI 
TaxTMI 
2014 (2) TMI 502
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....ri Abhisek Anand, Advocate For the Respondent : Sri S.C. Jana, Special Counsel ORDER Per DR. D.M. MISRA; These applications are filed seeking waiver of pre-deposit of penalty of Rs.18.00 crores imposed under Rule 25 on applicant M/s. Tata Steel Growth Shop and personal penalty of Rs.50.00 Lakhs each on Sri R.R. Jha, Executive In-charge of TGS (Noticee No. 2) and Sri Gyan Ratna, Chief (Manufac....
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....hat the same were not removed even though invoices were prepared and duty had been paid. The Ld. Advocate submits that subsequently, in July, 2010, they have paid the duty again on the said goods and cleared it from their factory to the respective customers. It is his submission that they have been maintaining records meticulously, about receipt of raw materials , its use in the manufacture and pr....
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....enalty against other applicants imposed under Rule 25 & 26 of Central Excise Rules, 2002 respectively is unjustified, as there was no intention, whatsoever, to clear the goods clandestinely. The Ld. Advocate submits that since the duty has been paid twice in respect of the same goods, first in February, 2010 and again in July, 2010, they have filed refund application before the appropriate forum w....
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....missioner (Appeals) dated- 12/12/2012 has been filed by the Department. 4. In his rejoinder, the Ld. Advocate submits that due to peculiar nature of the product, the opening and closing balance, cannot invariably be maintained in all cases, like in the case of finished goods which are identical. 5. Heard both sides and perused the records. Prima facie, we find that even though the goods were man....