2015 (9) TMI 1565

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....During the course of verification, the Department recovered some invoices containing different Sl. Nos. for the financial year 2002-03 and 2003-04, against which the respondent had cleared the finished goods i.e. plywood. It was further observed that the goods cleared by the respondent were not accounted for in the records and no Central Excise duty had been paid on such removal of goods. Further, it has been observed that there is shortage of finished excisable goods, which had not been accounted for in the books of accounts. On the basis of investigation, the Department issued the show cause notice dated 21.06.2004, proposing recovery of duty amount of Rs. 6,63,949/- and Rs. 10,757/- from the respondent on the ground of clandestine remova....

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.... in the adjudication order, was proposed in the show cause notice for recovery from the respondent. Further, the impugned order has been assailed on the ground that the fact of clandestine removal of goods against 5 Biltis and Katcha slips were corroborated from the confessional statement of the Director of the firm Shri Surinder Arora; thus, dropping of the said demand in the impugned order is not proper and justified. The Revenue has also contested dropping of penalty amount in the impugned order. 3. In response to the appeal filed by Revenue, the respondent has filed the cross-objection before this Tribunal. 4. Heard both sides and perused the records. 5. The appeal has been filed by Revenue in respect of demand of Rs. 2,64,405/....