CALCUTTA CHEMICAL CO. LTD AND Vs. CCE

JUDGEMENT

(1.) SINCE the Order -in -Original No. 1/98 dated 27.4.1998 passed by Commissioner (Adjn.) is common to both these appeals, therefore the two appeals are being considered together.

(2.) THE said Order -in -Original has confirmed duty of Rs. 1,17,94,162/ - and imposed a penalty of Rs. 10,00,000/ - and Redemption Fine of Rs. 5,00,000/ - on the appellants M/s. Calcutta Chemicals Co. Ltd. In addition, it has also imposed a personal penalty of Rs. 1,00,000/ - on the other appellant Shri Simon George who was the Production Incharge of the appellant company. The main issue covering the period from July, 1991 to March, 1995 which has been raised by the Show Cause Notice dated 8.8.1996 pertains to the determination of the correct assessable value of the clearances made by M/s. Calcutta Chemicals Co. Ltd. The impugned order has upheld that the extended period under Proviso to Section 11A is invokable.

(3.) HEARD Shri A.P. Datar Ld. Advocate and Shri C. Saravanan, Ld. Advocate for appellants and Shri Section Kannan, Ld. D.R.