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2007 Supreme(SC) 1317

ASHOK BHAN, V.S.SIRPURKAR
Mercantile Company – Appellant
Versus
Commnr. of Central Excise, Calcutta – Respondent


JUDGMENT

BHAN, J.


1.Assessee has filed these appeals under section 35L(b) of the Central Excise Act, 1944 (hereinafter called the Act ) against the final order no.1419-1420/Cal/2000 dated 31st August 2000 in appeal no. E/R-156-157/99 passed by the Customs, Excise & Gold (Control) Appellate Tribunal, Eastern Bench, Calcutta (hereinafter called the Tribunal) whereby the Tribunal has dismissed the appeal filed by the appellant herein. FACTS:

2.Acting on the basis of intelligence, a team of officers from CPO of Calcutta I Central Excise Commissionerate, Headquarters visited the factory-cum-office of the appellant on 5th September, 1997 and conducted a search operation. Search resulted in seizure of 3 files, 9700 pieces of Philips Ultra cleaner, 500 pieces of degreasing & cleansing fluid, 700 pieces of Switch cleaning oil all bearing brand name of Philips. These were detained and later seized on 9th February, 1998. Also, some 13 files belonging to M/s. T. Paul & Sons were tendered by the partner of the appellant firm. Certain other documents were also handed over to/seized by the raiding party.

3.On the basis of the statements made by Shri Arun Kanti Paul partner of the appellant an




























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