TaxTMI 
TaxTMI 
2017 (4) TMI 1212
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.... against M/s. Sree Uma Parameshwari Mills Ltd. 1.2 Learned departmental representative brings out that earlier when M/s. Sree Uma Parameshwari Mills Ltd. was in appeal No.E/00378/2007 that appeal was dismissed for non-compliance. He says that Revenue has been aggrieved because as against duty demand of Rs. 83,37,544/-, there was a levy of penalty of Rs. 78,37,548/- under section 11 AC of the Central Excise Act, 1944. 1.3 Adjudication order indicates that there was a payment of Rs. 50,00,000/- by the respondent before issuance of show-cause notice. But penalty of Rs. 78,37,548/- was confirmed by the adjudicating authority under section 11 AC of the Central Excise Act, 1944. Revenue says that is not correct since ingrediants of that section....
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....regard and incriminating documents seized from M/s. Sree Uma Parameshwari Mills Ltd, revealed that there was discrepancy in the accounts of both the parties and that could not be reconciled before investigation nor before adjudicating authority, Therefore breach of law was made. Accordingly levy of penalty of Rs. 1,00,000/- was made on that concern. 4. In view of the facts above and also without any cogent evidence led by appellant to rebutt the allegations of investigation, penalty of Rs. 1,00,000/- (Rupees One Lakhs only) imposed on this appellant is confirmed and its appeal is dismissed. 5.1 So far as the appellant M/s. K. Subba Rao & Co., in appeal No.E/00359/2007 is concerned, there is an adjournment application by learned advocate S....
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....conclusion. Therefore, there is no need to interfere with the penalty imposed by the adjudicating authority to the extent of on this appellant for which its appeal is dismissed. 6.1 So far as appeal of M/s. Radha Textiles (P) Ltd. is concerned, it had faced penalty of Rs.1,00,000/-. There was an allegation by investigation that unaccounted goods were dispatched by this concern as was corroborated from the records of M/s. Sree Uma Parameshwari Mills Ltd. Even the computer records seized in the course of investigation proved that the transaction made under the name of M/s. ABC & CO., were no longer relevant to this appellant. The print outs taken from the computer records established that there was an unaccounted deal for which the appellant....