2012 (1) TMI 108

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....nglani, Partner were recorded and he admitted that he was engaged in the manufacture of computers and was selling them in the name of M/s. Com Trade Agency and he was receiving the bills, receipts and quotations in the name of M/s. Com Trade Agency using the blank letter heads found in the office belonging to M/s. Com Trade Agency. The officers proceeded to calculate the total amount of clearances based on the invoices of M/s. Com Trade Agency found in the premises and proceedings were initiated, which culminated in confirmation of demand for duty of Rs. 2,10,900/-, imposition of penalty of Rs. 2 lakhs on M/s. Siddhi Computers and of Rs. 20,000/- on the partner Shri Rajesh Manglani. Both are in appeal. 2. Ld. Counsel on behalf of th....

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....to note that the Commissioner (Appeals) has recorded a finding that the cheque book of M/s. Com Trade Agency was recovered from the premises of appellant when the same does not find mention in the panchnama at all. Therefore, there is no basis for this finding. Further, no investigation has been carried out with the bank to find out who had opened account in the name of M/s. Com Trade Agency and who operated this account, especially in view of the fact that both the statements of Shri Rajesh Manglani were retracted. The department should have verified with the bank as to who operated the account and if it were to emerge that the bank account in the name of M/s. Com Trade Agency was opened and operated by any of the partners of M/s. Siddhi C....