2016 (2) TMI 762

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....R B. RAVICHANDRAN: This appeal by the Revenue is against the Order dated 12.07.2010 of Commissioner (Appeals)-II, Bhopal. 2. The brief facts of the case are that certain investigations were initiated against M/s. Ujala Electricals Ltd. for irregular availment of cenvat credit on bogus transactions. Certain seizures were effected and the respondent also deposited an amount of Rs. 20,50,200/- duri....

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.... (herein respondent) and the appropriation of the said amount against the dues of Shri V.K. Madan and others is not legally sustainable. Aggrieved by this order, the Revenue is in appeal. 3. Ld. AR reiterated the grounds of appeal and submits that Shri V.K. Madan is admittedly the brain behind the various irregularities committed by the respondent's unit and has got de-facto control on the resp....

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....d recorded the following observations:- "23. Now coming to question of adjustment of refund against the penalty arrears of Shri V.K. Madan, no doubt the Commissioner's referred note dated 17.07.2009 and Assistant Commissioner (Tech.) letter dated 08.03.2010 has again and again referred that Shri V.K. Madan is the person who is making all the financial transactions and is running the accounts of ....

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....echnical) letter that too not supported by any evidence the adjustment will be against the principles of justice as discussed above. The Adjudicating Authority has adjusted the refund claim of the Appellant in the absence of any of these evidences. But what is the evidence on record with the Adjudicating Authority for holding this view that the Company's accounts including that of Appellant are....