MAHESH KUMAR GOYALS Vs. SRI ANANDAMOHAN GUPTA

JUDGEMENT

(1.) THE revisional application was heard along with an application for vacating and/or variating interim order dated 14.2.1996 filed on 24.4.1996.

(2.) THE short fact giving rise to the revisional application is that petitioner No. 1 is the proprietor of M/s. Calcutta Trades Corporation, carrying on business as a dealer of mild steel and iron goods, having its business premises at 23A, Netaji Subhas Road, 5th Floor, Calcutta and a Godown at 4, P.T.R. Siding, Coal Depot, Shalimar, Howrah. Petitioner No.2 is the authorized representative of the said business. Besides he is also connected with a number of different business concerns in different capacities. The petitioner No.1 deals with excisable goods under the MODVAT credit scheme under Central Excise and Salt Act, 1944, hereinafter referred to as the Act and as such he is not liable to pay any Central Excise duties on such goods. The petitioner No. 2 is not also liable to pay Central Excise duties since the charging section 3 of the Act is not attracted in thp transaction of iron and steel goods. The petitioner No.1 is complying with the conditions as contemplated in terms of the MODVAT credit scheme, and is also submitting returns regularly. The petitioner No. 1 is neither a manufacturer nor a producer as defined under the Act. The petitioner No.1 is to issue credit invoices on the excisable goods upon the production on the strength of gate pass issued under the said Act.

(3.) ON 15th of January, 1996 the Central Excise Officers of the Directorate General of Anti -Evasion, Calcutta Zonal Unit, conducted a search in the office of M/s. Calcutta Trades Corporation on the strength of search warrant of even date and seized all books of accounts, papers, documents, Bills, invoices and cash amounting to Rs. 17,80,000/ -.