TaxTMI 
TaxTMI 
2025 (6) TMI 355
X X X X Extracts X X X X
X X X X Extracts X X X X
....ellants were imposed. 2. The facts of the case are that appellants are engaged in trading of iron products such as sponge iron, pig iron and melting scrap. The appellant no. 2 viz. Shri Girish Tikamani the Director of the appellant no. 1. 3. On the basis of intelligence allegedly received from the D.G.C.E.I., a search was conducted at the premises of one M/s. Jai Balaji Industries Limited (JBIL), along with other related premises, 17.07.2014, to investigate allegation of clandestine removal of finished goods without payment of central excise duty. During the course of search, it was noticed against the appellants that they had received three pink coloured weighment slips bearing the name of the appellant no. 2, as alleged receipt of pig i....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of the appellants submits that the charge of clandestine removal of goods against M/s. JBIL has been dropped by this Tribunal as reported in [2023 (8) TMI 989 - CESTAT, Kolkata]. 8.1 Therefore, it is contended that proceedings against the appellants are not sustainable. 9. It is further submitted that this Tribunal has categorically dealt with the role of the appellants in the said case; therefore, impugned proceedings are to be set aside as the cash recovered during the course of investigation has not been proven beyond doubt by the Revenue that the same was meant for payment of clandestinely cleared goods by M/s. JBIL. In these circumstances, it is the appellant's submission that the cash amount recovered during the course of investiga....
X X X X Extracts X X X X
X X X X Extracts X X X X
....iv) Sponge Iron (v) Ferro Alloy and (vi) Coke. Central Excise Duty of Rs.1,47,43,824/-and equal amount of duty as penalty has been imposed on them. 3.3 Shri Aditya Jajodia, is one of the Directors of both the companies JBIL III and JBIL IV. A penalty of Rs.5,00,00,000/- was imposed on him under Rule 26 of the Central Excise Rues, 2002. 4. Briefly stated facts of the case are as follows: 4.1 A search was conducted by the Directorate General of Central Excise Intelligence (hereinafter referred to as DGCEI) in the premises of JBIL-III on 17.07.2014. During the search, some loose papers/sheets were recovered and seized. In the dispatch section, five computers were found installed. Shri. Sushil Kumar Roy, Associate (Commercial) was work....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Two pen drives were recovered from the possession of Shri Anil Kumar Agarwal. The officers also resumed two laptops under a Panchnama. 4.5 A statement of Shri Diptendu Samui, Accounts Officer, was recorded wherein he was shown certain messages retrieved from his mobile phone. 4.6 on 17.07.2014, DGCEI officers also conducted search in the premises of JBIL-IV and recovered few pads containing pink slips and other documents, under a Panchnama. 4.7 A statement of Shri Raghunath Jhunjhunwala, weighbridge incharge of JBIL IV was recorded, wherein he, inter alia, explained the procedure of weighment of raw materials and finished goods. He uses a pink slip for final weighment. He was shown pink slip Nos. 77, 79 both dated 18-08-2013 recov....