2015 (11) TMI 710

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....xcise officers visited the appellant's factory and seized several documents and recorded statements of various persons. A Show Cause Notice Dated 04.05.2005 was issued to the appellant and it's Director proposing demand of duty alongwith interest and to impose penalty. The Adjudicating Authority confirmed the demand of duty of Rs. 13,77,522.00 alongwith interest and imposed penalty of equal amount. A penalty of Rs. 4,00,000.00 was imposed on the Director of the appellant company. By the impugned order, Commissioner (Appeals) rejected the appeals. Hence, both the appellants filed these appeals. 2. The Learned Advocate on behalf of the appellants submits that he is not contesting the demand of duty alongwith interest and penalty on the app....

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....aring both the sides and on perusal of the records, we find that the Learned Advocate is not contesting the demand of duty alongwith interest on merits. So, there is no need to discuss the case on merit. The Tribunal in the case of M/s Mamta Silk Mills Pvt. Ltd (supra) on the identical situation following the decision of the Honble Supreme Court extended the benefit of cum-duty-price. In the case of Dugar Tetenal India Ltd. (supra), the Honble Supreme Court held the cum-duty price would be extended even in the case of extended period of limitation. The case of Amrit Agro Industries Ltd. (supra), as relied upon by the Learned Authorised Representatives in the context of the assessee cleared the goods, during the relevant period on the basi....