2004 (5) TMI 193

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....asundaram, Member (J)]. - The assessees who are manufacturers of electric motors, switch gear items, switch board items, etc., challenge the confirmation of total duty demand of Rs. 6,52,642/ and penalty of equal amount confirmed against them by the authorities below. 2. We have heard both sides and record our findings as under: (a)     Demand of Rs. 5,55,483/- : This dem....

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....es made thereunder with intent to evade payment of duty and further, the provisions of the Rule 57-I(2), stipulating that if any inputs in respect of which credit has been taken, are not fully accounted as having been disposed of in the manner specified in this section, the manufacturer shall upon written demand being made by the Assistant Commissioner of Central Excise, pay the duty leviable on s....

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.... of the appellants, is not acceptable in the absence of any material on record, such as contract, etc., to establish that the contract was for sale of goods on, "as-is-where-is" basis. However, we set aside the penalty imposed under Section 11AC in the absence of any finding that the duty on sorting and loading expenses was not paid due to suppression or misstatement on the part of the appellants.....