2019 (9) TMI 68

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....decorative plywood and veneers, etc., falling under Chapter Heading Nos. 44.04 and 44.08 of the First Schedule to the Central Excise Tariff Act, 1985 (for short "the Act"). In response to the information received by the Directorate General of Central Excise Intelligence, regarding the evasion of Central Excise duty, by resorting to gross undervaluation of products manufactured and sold, and clandestine clearance by the M/s. UTVPL, a search of the premises and the residences of the Managing Director and other officers of the company was conducted on 8th July, 2003, resulting in seizure of various incriminating documents and computer CPUs containing vital data supporting the information. 6185 sheets of decorative plywood, valued at Rs. 91,50,....

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.... not true. The documents seized from various sources, like factory premises, depot premises and dealer premises clearly established that the excess amounts, over and above the bill amounts, were collected. It is also established that the appellant had personally collected such amounts and the employees had handled such accounts pertaining to unaccounted transactions, under instructions from the appellant. It is also stated that the nefarious transactions lasted continuously for several years and evasion of central excise duty took place during the period 1999-2000 till the date of search on 8-7-2003. 4. The question of law arising, as re-framed by us, from those the assessee raised in the memorandum, as follows : Whether th....

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....he company during the relevant period, the appellant could not have been exonerated from the liability, in view of the evidence, which have been elaborately discussed by the fact finding authorities. The appellant cannot state that he was not aware of the activities of his factory. Retraction of statements given on oath, alone would not exonerate him. There are statements of the employees, which would confirm the clandestine activity in the factory. Unaccounted amounts were used for payment of salaries of employees/works of the company, purchase of raw materials, etc.; and there are materials to show that expenses were met without showing them in the statutory accounts of the company. Retraction of the statement on oath is a self-serving ex....