KASHINATH DAS Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) HEARD the parties. The brief facts lying in a narrow compass are that the appellant Shri Kashinath Das, obtained registration as Central Excise dealer (First Stage) in the firm name M/s. Shiv Trading Company in January, 2004. Thereafter, he filed Nil return for the quarter ending March, 2004 and June, 2004 and upto 20 -7 -2004. Thereafter, he surrendered the Registration on 21 -7 -2004, that no business has been transacted during the registration period in the firm by its proprietor.

(2.) VIDE Order -in -Original, dated 31 -3 -2009, the show cause notice was adjudicated, imposing the penalty of Rs. 4,05,93,445/ - on Shri Kashinath Das under Rule 26(2) of Central Excise Rules, 2002 by recording the following findings by the Assistant Commissioner: -

(3.) BEING aggrieved, the appellant has filed the present appeal and has raised the following grounds before this Tribunal: -