SHAHUL TEXTILES MILLS (P) LTD. Vs. CESTAT, CHENNAI

JUDGEMENT

(1.) THE assessee has come forward with this appeal challenging the order of the Customs, Excise and Service Tax Appellate Tribunal, Chennai, dated 7 -1 -2010 in E/COD/13/2009 & E/PD/15/and E 28/2009.

(2.) BY the order impugned the Tribunal rejected the appellant's application for condonation of delay along with the stay petition and the main application. The short facts are that the appellant was engaged in the manufacture of cotton yarn, that according to the respondent the appellant clandestinely removed the manufactured cotton yarn without payment of duty by wrongly availing the exemption under Notification No. 1/93 as amended. With the further allegation that the appellant was using bogus invoice for clearing the goods without payment of duty. It was also alleged that the appellant cleared the cotton yarn over and above the exempted limit of Rs. 30,00,000/ -. On the above said basis, the duty payable by the appellant was determined in a sum of Rs. 69,370/ -. An equal amount by way of penalty plus Rs. 5,000/ - was imposed under Rules 9(2), 52A and 173 -Q of the Central Excise Rules, 1944 and Section 11AC of the Central Excise Act, 1944.