2024 (6) TMI 754

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....is the Director of M/s. Basai Steels Pvt. Ltd. which is engaged in the manufacture of sponge iron and steel billets falling under Chapter 72 of Central Excise Tariff Act, 1985. M/s. Basai Steel Pvt. Ltd. was issued with a show-cause notice on the basis of investigation initiated by DGCEI on 26.03.2013, proposing to recover Central Excise duty of Rs.2,56,98,946/- alleging manufacture and clearance of excisable goods without payment of duty during the period 2011-2012 with interest and penalty. On adjudication, the demand was confirmed with interest and penalty; also, personal penalty of Rs.50,00,000/- was imposed on the appellant under Rule 26(1) of the Central Excise Rules, 2002. Aggrieved by the said order, the present appeal by Shri Piyus....

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....nts mentioned in the said Rule needs to be satisfied. In support, he has referred to the judgments of the Hon'ble High Court of Karnataka in the case of CCE vs. Vijaya Steel Pvt. Ltd.: 2012 (282) ELT 215 (Kar.). Also, he has referred to the judgments: (i) Nicholas D'souza Garage vs. CCE, Thane: 2015 (320) ELT 579 (Tri.-Mum.) approved by the Hon'ble Supreme Court as reported at 2015 (320) ELT A251 (SC). (ii) CCE vs. Ramesh Kumar Rajendra Kumar & Company: 2015 (325) ELT 506 (Bom.) (iii) Hetero Drugs Ltd. vs. CCE: 2004 (171) ELT 134 (Tri.) affirmed by AP High Court as reported at 2015 (326) ELT A136 (AP) (iv) Steel Tubes of India Limited vs. CCE, Indore: 2007 (217) ELT 506 (Tri.-LB) (v) Ashish Maheswari vs. CCE: 2010 (252) ELT 96 (Tr....

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..... On the basis of the records maintained and statements recorded, it has been alleged that the manufacturing company has cleared goods clandestinely without payment of duty during the period 2011-2012. Later on, the basis of petition filed by the creditors, Hon'ble NCLT by order dated 2016 passed necessary orders under Section 31 of IBC 2016 and following the said order, this Tribunal abated the appeals filed by the company. Also, from the records, we find that the allegation was levelled against the company on the basis of input output norms and other factors by calculating the duty on theoretical basis. Besides this, personal penalty imposed on the appellant is solely on the ground that he was the Director of the company and in-charge of ....