2017 (5) TMI 138

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....loy Ingot was found to be short. The shortage quantity has been worked out to 264.807 M.T. The statements of the Manager Shri Birendra Choudhury of the appellant company stated that he cannot remember the exact reason for such shortage .It is also stated that a sum of Rs. 5.00 Lakhs has been deposited by cheque No.241017 dated 19/03/2010 of SBI, Chowringhee Road Branch, Kolkata. Show Cause Notice was issued and vide Order-in-Original dated 09/09/2011, the adjudicating authority confirmed the demand of Central Excise Duty amounting to Rs. 5,29,614/- and Education Cess amounting to Rs. 10,592/- alongwith interest and imposed penalty of Rs. 5,45,503/- under Section 11AC of the Central Excise Act, 1944. The amount of Rs. 5.00 Lakhs paid by the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....2016 (33) E.L.T. 340 (P&H) ii) Commr. of Central Excise, Ludhiana Vs. Nexo Products (India)-2015 (325) E.L.T. 106 (P&H) iii) Commr.of Central Excise, Raipur Vs. Sidhi Vinayak Sponge Iron (P) Ltd.-2014 (308) E.L.T. 154 (Tri-Del.) iv) Swaroop Casting Pvt. Ltd. Vs. Commr. of C. Ex., Meerut-I -2013 (290) E.L.T. 392 (Tri.-Del.) 3. Ld. A.R. appeared on behalf of the Revenue submits that the statement of Shri Birendra Choudhury was taken on the date of the Joint Stock Verification i.e. on 18/3/2010 and the retraction  was after a gap of six months and that too by way of an affidavit. He further submits that retraction should have been before the officers who have recorded the earlier statements and not by way of affidavit. Ld. A.R. has....