2016 (11) TMI 1488

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....e allegations in the said show cause notice were that the finished goods namely M.S. Angles, M.S. Bars, TMT Bars and M.S. Missrolls were proposed to be confiscated under Rule 25 of the Central Excise Rules, 2002. There was also a proposal to demand Central Excise duty of Rs. 11,30,006/- under proviso to sub-section (1) of Section 11A of Central Excise Act, 1944 on short found finished goods and also a proposal to impose penalty on M/s. Anjani Steels (P) Ltd. under Section 11AC of Central Excise Act, 1944. There was also proposal to impose penalty under Rule 26 of Central Excise Rules, 2002 on Shri Prem Chandra Sinha and Shri Sanjay Kumar, Director. The officers of the Central Excise visited the manufacturing unit on 17-8-2007. As per show c....

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....y they filed representation to the Commissioner, Central Excise on 20th August, 2007. They further submitted that the confiscation of the goods cannot be based on evidence which are not sound. The Original Authority did not appreciate the submission before him and ordered the confiscation of seized finished goods. He imposed penalty of Rs. 10 lacs on M/s. Anjani Steels Ltd. and confirmed the demand of Rs. 11,30,006/-. He imposed equal penalty on M/s. Anjani Steels Ltd. under Section 11AC of Central Excise Act, 1944. He further imposed penalty of Rs. 2 lacs on Shri Sanjay Kumar, Director and Rs. 1 lac on Shri Prem Chandra Sinha under Rule 26 of Central Excise Rules, 2002 through Order-in-Original No. MP(Dem-13/2008)07 of 2009, dated 29-1-200....

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....timated" is struck off. On next page of statement at four places "estimated physical verification" is manipulated to "physical verification" by sticking off of word "estimated". He has urged that initially it was stated that as estimated physical verification, raw material and finished goods whereas subsequently "estimated" was struck off as a result the statement appears to be physical verification of finished goods and raw material. Further, in reply to Question 5 the phrase estimated physical verification was not manipulated and remained as such. 4. Learned AR has submitted a copy of letter dated 10-5-2016 received from Assistant Commissioner, Central Excise, Allahabad wherein there is a chart showing stock verification report as....