2018 (5) TMI 814

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.... Shri S.C. Saini, D.R. - for the respondent Per Ms. Archana Wadhwa: The challenge in the present appeal is to confirmation of demand of duty of Rs. 30,09,782/- along with confirmation of interest and penalty of identical amount. Further, penalty of Rs. 5,00,000/- stands imposed upon Shri Kamal Kumar Agrawal, Director in terms of Rule 26 of Central Excise Rules, 2002. 2. After hearing bot....

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....lant has been specified in the consignment agent records. 4. I find that the entire case of the Revenue is based upon the records recovered from M/s Monu Steels and based upon the statement of the representative of M/s Monu Steels, Revenue entertained a view that the appellant is indulging the clandestine clearances. When the Director of the appellant was contacted by Revenue, he very clearly, ....

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.... ELT 249 (Tri.-Del.) and CCE & ST, Ludhiana Vs. Anand Founders & Engineers - 2016 (331) ELT 340 (P&H). It stand held in all these judgements that the findings of clandestine removal cannot be upheld based upon the third party documents, unless there is clinching evidence of clandestine manufacture and removal of the goods. 6. There is also a penalty of Rs. 50,000/- upon M/s Kailash Traders in t....