2022 (8) TMI 61

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., Adv. Ms. Manashi Mukherjee, Adv. ....for Appellant Dr. Samir Chakraborty, Adv. Mr. Abhijit Biswas, Adv. Mr. Bhaskar Senupta, Adv. ...for Respondent ORDER The Court :- We have heard Mr. Bhaskar Prosad Banerjee, learned standing Counsel along with Ms. Manashi Mukherjee, learned Advocate appearing for the appellant and Dr. Samir Chakraborty, learned Senior Counsel appearing for the respond....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....al erred in fact and law and has come to a perverse finding since as per stock taking report for 2005-06 (as on 31.03.2006), 3003 MT of Pig Iron out of total production of 26189 MT was recorded short and the percentage of such shortage comes to 11.47% which is beyond the condonable limit of 2% as per Ministry of Finance Circular No. 52/79-CX 6 dated 26.10.1979, which has not been challenged by the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in law by not appreciating that the instant case of evasion of duty certainly attracts equal penalty and appropriate rate of interest under the provision of Rule 25 of the Central Excise Rules, 2002 read with Section 11AC of Central Excise Act, 1944 and the assessee cannot escape from penal provision of law ? We have heard Mr. Bhaskar Prosad Banerjee, learned standing Counsel along with Ms. Man....