2016 (11) TMI 513

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....They also conducted stock taking on finished goods as well as raw-materials. Excess stock of finished goods as well as raw-materials was found and the same was seized.  A Show Cause Notice was issued separately for the seizure portion, which stands decided in a separate proceedings. On the basis of investigation conducted by Revenue, a Show Cause Notice dated 01.01.2001 was issued and adjudicated vide the Order-in-Original dated 29.10.2009, in which the Addl. Commissioner confirmed the demand of duty to the extent of Rs. 14,19,987/- along with interest and imposition of penalty of equal amount. A penalty of Rs. 1 lakh was also imposed on Shri Dinesh Lakhotia, Director and Shri Dev Kumar, Accountant. The Show Cause Notice as well as the....

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....see s premises at the time of search has never been made available with them. The Commissioner (Appeals) has dropped the demand for the reason that none of the documents were given to the assessees till date. She also relied upon the decision of the Hon'ble Gujarat High Court in the case of CCE Vs. Chandan Steel Ltd. [2009 (238) ELT 716 (Guj.)] and argued that since over ten years have lapsed, the initiation of proceedings and demand are required to be quashed. She further relied on the following case laws:- (i) R Chakravarthy Vs. CCE, Chennai [2008 (225) ELT 243 (Tri.-Chennai) (ii) Shree Venkatesh Metal Corporation Vs. CCE, Mumbai [2012 (284) ELT 663 (Tri.-Mum.)] (iii) Poonam Tex Chem Vs. CCE, Vapi [2010 (251....