2016 (1) TMI 101

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....licants are engaged in the manufacture of Sponge Iron and M.S. Ingots/Billets falling under Chapter 72 of the Central Excise Tariff Act, 1985. On 15.03.2008, the Central Excise Officers conducted search of their factory premises and other places and also recorded various statements. They have also recovered various documents as well as Hard disk of the computers, which were seized subsequently A show cause notice dated 27.04.2011 was issued proposing demand of duty along with interest and penalty for the period April, 2006 to March, 2008, on the ground of clandestine removal of Sponge Iron and M.S. Ingots/Billets. The case was made out mainly on the basis of a computer printout. The adjudicating authority confirmed the demand of duty of Rs.....

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.... the goods clandestinely removed, which fact was not disputed by the applicants at any stage of the proceedings. He further submits that the printout of the computer was verified by various persons and the statements recorded, which were not disputed by them. It is further submitted that the applicants have not collected the non-relied upon documents from the DGCEI office. There is no violation of principles of natural justice. He submits that it is admitted that the property of the applicant company has been taken over by the Bank. Therefore, the entire amount of duty along with interest and penalty should be deposited as protection of the Revenue. 5. After hearing both the sides and on perusal of the records, we find from the adjudicat....

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....of the newspaper "The Hindu" dated 19.10.2014, the advertisement given by the Indian Overseas Bank in respect of E-auction Sale notice under SARFAESI ACT, 2002, in respect of property of the applicant as S.No. 3 and S.No. 8 of the description of the properties. 6. Considering the attachment of properties by the Bank, Revenue was directed to ascertain the steps taken to safeguard Revenue. When the matter was listed today for final disposal of the stay petitions, the LD. Advocate submits that the department has attached the properties under Section 142. Ld. AR for the Revenue submitted a copy of the letter dated 01.01.2015 by the Dy. Commissioner of Central Excise, Salem, wherein he has confirmed about the attachment of immovable propertie....