2017 (6) TMI 995

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....e appellant was searched. Basing upon the documents recovered, statements recorded as well as the statements recorded by the income tax authorities, a show cause notice was issued raising the above allegations and demanding duty of Rs. 2,73,642/- and to impose equal penalty besides proposing to impose personal penalties. After due process of law, the original authority confirmed the duty demand to an extent of Rs. 2,20,322/- (after allowing cum-duty benefit) along with interest and imposed equal penalty and separate personal penalties. Aggrieved, the three appellants filed appeals before Commissioner (Appeals) and vide order impugned herein, the Commissioner (Appeals) confirmed the duty demand on the appellant as well as equal penalty impos....

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....s submitted that the order is based on assumptions and presumptions and that the entire show cause notice was issued without proper investigation. 3. The learned AR Shri S. Govindarajan reiterated the findings in the impugned order. 4. We have considered the submissions made by learned AR as well as the written submissions put forward by the appellant. 5. The allegation raised against the appellant is that they under-invoiced the goods supplied to VVM with the connivance of the partner Shri S. Chandresan of VVM. Secondly, that they had also under-invoiced the waste and scrap cleared by them for which amount was received by cash. The appellants had received the under-invoiced money from VVM through bearer cheques issued to the emplo....