2014 (8) TMI 776

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....hil Oxygen Pvt. Ltd., demanding central excise duty of Rs. 1,98,830/- on the clearance of industrial oxygen without issue of invoice and without payment of excise duty, during the year 2003 - 2004 along with interest and proposing imposition of penalties. The adjudicating authority in his OIO No. 68/2005 dated 29.11.2005 confirmed the duty demand of Rs. 1,98,830/- and appropriated the same and imposed equal penalty on the appellants under Section 11AC of the Central Excise Act, 1944 and demanded interest under Section 11AB of the Act. The adjudicating authority also imposed a penalty of Rs. 50,000/- on Shri J. Senthil Kumar, Managing Director and Rs. 25,000/- on Shri G. Gopalakrishna Unnithan, Manager Sales, of the appellant company. Aggrie....

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....department has clearly brought out in the Show Cause Notice and in the OIO that the total quantity of industrial oxygen cleared without issue of proper invoices and also without payment of central excise duty. He further submits that the Managing Director in his voluntary statement has clearly admitted the clearance of the goods without payment of duty and the Manager (Sales) in his voluntary statement clearly admitted suppression of production and non accountal of industrial oxygen in the books of accounts and subsequent removal of oxygen without invoices. The data retrieved from the computer CPU seized from the appellant company clearly established the total production and clearance of goods including the goods cleared without payment of ....