THIRD MEMBER ON REFERENCE : DR. P. BABU, MEMBER (T) FINAL ORDER : MS. ARCHANA WADHWA, MEMBER (J) AND SHRI B.S.V. ?MURTHY, MEMBER (T) SHREEJI ALUMINUM PVT. LTD. Vs. COMMISSIONER OF CENTRAL EXCISE, VAPI

JUDGEMENT

(1.) ALL the appeals are being disposed off by a common order as they arise out of the same impugned order passed by Commissioner (Appeals) Central Excise, vide which he has confirmed the demand of Rs. 2,94,85,968/ - (Rupees Two Crores, Ninety Four Lakhs, Eighty Five Thousands, Nine Hundred and sixty eight only) against M/s. Shreeji -Aluminum Pvt. Ltd., along with imposition of penalty of identical amount in terms of provisions of Section 11AC. In addition, penalties of varying amounts have been imposed upon other appellants, who are Managing Director, Director, employee, traders, buyers and transporter etc. in terms of provisions of Rule 26 of Central Excise Rules.

(2.) AS per facts on record, M/s. Shreeji Aluminum Pvt. Ltd having its factory at Dadra (UT) (M/s. Shreeji for short) are engaged in manufacture of aluminum profiles/sections from the raw materials such as aluminum scrap, ingots, billets etc. Their factory premises were put to search by the DGCEI officers on 16/17 -3 -2005 who conducted various checks and verifications. As a result of physical stock verification, quantity of 13,878.800 kgs of finished extruded product was found to be in excess of the quantity recorded in RG -1 register. Further, the quantity of 24,497.640 kgs of raw material i.e. aluminum scrap was found in excess of the quantities recorded in RG 23A Part I account. Inasmuch as the said appellants could not give any satisfactory explanation for the excess found finished goods and raw material, the officers made them enter the excess found finished goods in the statutory records i.e. RG -1 register. The raw material found in excess was put under seizure. The officers also seized some private records/documents maintained by the said appellant for further investigation.

(3.) WE have heard both sides duly represented by Shri Saurabh Dixit, ld. Advocate appearing for the appellants and Shri J.S. Negi, learned SDR appearing for the Revenue.