COIMBATORE POLYTEX P. LTD. Vs. CCE

JUDGEMENT

(1.)

(2.) BOTH the appeals are arising out of a common order and therefore both are taken up together for disposal. The appellant No. 1, M/s. Coimbatore Polytex Pvt. Ltd. (earlier known as M/s. Premier Polytronics Pvt. Ltd.), is a 100% EOU engaged in the manufacture of Cotton Knitted Fabrics falling under sub -heading No. 6003.92 of the CETA, 1985. The appellant No. 2 is the Company Secretary and Authorized Signatory of the appellant -company.

(3.) BY the impugned order, the Commissioner confirmed the demand of Rs. 2,91,370/ - involved on the imported needles, Rs. 5,24,296/ - involved on indigenously procured needles and Rs. 83,15,372/ - on good quality fabrics cleared as rejects along with interest. He also imposed penalty of Rs. 2,91,370/ - under Section 112(a) of the Customs Act, 1962 for clearance of the imported needles, Rs. 5,24,296/ - and Rs. 83,15,372/ - under Rule 173Q of the Central Excise Rules, 1944 and Rule 25 of the Central Excise Rules, 2002 read with Section 11AC of the Central Excise Act, 1944. He also imposed a penalty of Rs. One lakh under Rule 209A of the erstwhile Central Excise Rules, 1944 on appellant No. 2 who is the Company Secretary of the appellant -company.