2016 (9) TMI 735

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.... godown. The godown search revealed presence of the lamination goods, including inner pouch and outer packing with the brand name of the Kuber Group of Companies, for whom they were manufactured for totally valued at Rs. 23,42,795/-. 2. The godown keeper the could not produce any documents to show the stock of the goods in the godown. As per the statement of the godown Incharge as also the Manager, the said goods were received from the factory without any bill or invoices and without payment of duty. Shri Tarun Kumar Dharewa, Director, in his statement dated 15/6/04 also admitted that the goods were cleared from the factory without payment of duty. 3. Based upon above proceedings were initiated against them proposing confirmation of d....

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....mount but the proviso to the said Section allows an assessee to deposit 25% of the penalty alongwith demand of duty within a period of 30 days from the passing of the order. Had the penalty been imposed under Section 11AC, they would have deposited 25% of the penalty within a period of 30 days, in which case it would have been reduced to 25%. The Adjudicating Authority having imposed penalty under Rule 25 of Central Excise Rules to the extent of 100% of the duty confirmed against them has not acted in accordance with law and as such the prayer is to reduce the penalty to 25%. Similarly, in the case of the Director, the prayer stands made to reduce the penalty in as much as he was not the one looking after day-to-day function of the company.....