THIRD MEMBER ON REFERENCE : JUSTICE R.K. ABICHANDANI, PRESIDENT TEJWAL DYESTUFF INDUSTRIES Vs. COMMISSIONER OF C. EX., AHMEDABAD

JUDGEMENT

(1.) ALL these appeals arise out of the order of the Commissioner No. 191/Commr/2005 dated 8 -4 -2005. Against M/s. Tejwal Dyestuff, the main appellant, a sum of Rs. 1,09,35,008/ - + Rs. 55,163/ - stand demanded, a penalty of Rs. 50 lakhs imposed besides demand of interest and imposition of redemption fine of Rs. 30,000/ -. A sum of Rs. 5 lakhs is imposed as penalty on Shri Nareshbhai F. Shah, partner of M/s. Tejwal Dyestuff Industries, Rs. 25,000/ - as penalty on Shri Heshbhai M. Shah, authorized signatory of M/s. Tejwal Dyestuff Industries. In addition, a penalty of Rs. 25 lakhs, each is imposed on Shri Jayeshbhai Bhimani and Shri Jignesh J. Bhimani representing the firm which allegedly supplied the invoices.

(2.) HEARD both sides.

(3.) THE relevant facts, in brief, are as follows :