UTTAM STEEL LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) ALL the appeals are being disposed off by a common order as they arise out of the same impugned order passed by Commissioners of Central Excise, Mumbai vide which he has confirmed demand of duty of Rs. 33,62,475/ - against M/s. Uttam Steels Ltd. along with imposition of personal penalty of identical amount under the provisions of Rule 173Q read with Section 11AC of Central Excise Act. In addition personal penalty of Rs. 50,000/ - has been imposed on Shri V.R. Bhayana, Director, of Rs. 25,000/ - on Shri N.S. Money, Controller of Accounts and of Rs. 10,000/ - on Shri S.K. Mighlam under Rule 209A of Central Excise Rules.

(2.) APPELLANT , M/s Uttam Steels is engaged in the manufacture of CR Coils and Galvanized Corrugated sheets falling under chapter 72 of the Central Excise Tariff Act. Demand has been raised and confirmed against the said appellant on two counts. Amount of Rs. 24.42 lakhs has been confirmed on excess recovery of interest on delayed payments from their customer during the period 1994 -95 and 1995 -96. In addition duty of Rs. 9,09,098/ - and Rs. 10,777/ - has been confirmed in respect of transportation charges excess recovered from their buyers than actually spent and paid to the transporters.

(3.) WE have heard Shri V.S. Nankani, Id. Advocate appearing along with Shri Naresh Thacker, Id, Advocate and Shri R.B. Pardeshi, Id. JDR for the revenue.