TaxTMI 
TaxTMI 
2008 (8) TMI 301
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....se Act, 1944 with interest thereon under Section 11AB of the Act and also imposed penalty equal to duty with option to deposit reduced penalty @ 25% as per proviso to the Section 11AC of the Act. 2. The respondent, M/s. Goetze (India) Limited, are engaged in the manufacture of pistons & Gudgeon Fins falling under Chapter 84 of the First Schedule to Central Excise Tariff Act. During audit of the records and pursuant to further enquiry it came to light that the appellant had cleared excisable goods worth Rs. 14,91,405/- without payment of duty under cover of documents which according to the Revenue was not valid document in terms of Rule 11 of the Central Excise Rules. The respondent were clearing goods through various depots situated at dif....
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....case of contravention of the rule, but there is no evidence to show that the goods re-cleared were the same goods which were received earlier. There could be chances of clandestine removal of goods, it was pointed out. 4. Learned Counsel appearing for the respondent submitted that on the receipt of goods in question, the respondent did not take Cenvat credit on the defective goods and therefore there was no occasion to observe the formalities prescribed under Rule 16. Counsel also submitted that the audit party verified the records but there is no allegation that the goods on second clearance were not the same goods which were received earlier. It was submitted that the goods had been received back from depots of the respondent and not fro....