2016 (11) TMI 427

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....s whose proprietor Shri A. Kathiresan happens to be the managing partner of the appellant M/s. Skywin Match Industries. It is the case of clandestine removal of unaccounted stock which was subsequently seized by the officers and proceedings initiated. The adjudicating authority confirmed the demand of Rs. 2,07,449/- duty of along with interest under Section 11 AB read with Section 11 AA and imposed equal penalty under Section 11 AC (1) (a) of the Central Excise Act, 1944. He ordered for confiscation of the seized goods with an option to redeem it on payment of fine of Rs. 32,500/- and appropriated an amount of Rs. 1,50,000/- and Rs. 57,448/- paid by challans and also imposed penalty of Rs. 2,07,449/- on M/s. Nancy Traders. On appeal, the Co....

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....of the Central Excise Act and reiterated its contents. 4. He also relied on the following citations in support of his contentions: 1. Sanjay VimalbhaiDeoraVs. Cestat 2014 (306) ELT 533 (Guj.) 2. CCE, Aurangabad Vs, Ambika Waste Management pvt.Ltd and others. 2016-TIOL-28-Cestat-Mum. 3. Board's Circular No. 831/8/2006-CX dated 26.07.2006 5. On the other hand, the Ld AR, Shri R. Subramaniyan, appearing on behalf of the Revenue reiterated the findings of the Order-In-Appeal and prayed to uphold the impugned order. 6. After hearing both sides and on perusal of the records, I find that in respect of appeal No. 40552/2014 filed by M/s. Skywin Match Industries, the appellant has settled the issue by paying the entire amount of duty liabi....