1.2 Based on the intelligence that the appellant were clearing their manufactured goods Viz. Lead Acid Batteries by assessing them under Section 4 of the Central Excise Act, 1944 instead of Section 4A of the Central Excise Act, 1944 despite the fact that the said goods were used as components in the automobile industry and were required to be subjected to MRP/RSP based assessment, the officers of Preventive Wing, Central Excise, Rajkot, visited the factory premises of the appellant on 14.07.2009 and searched the factory premises in presence of panch witnesses. The officers recovered documents related to the clearance of batteries during the above period under a Panchnama dated 14.07.2009. During Investigation a statement of Shri Navneet Muljibhai Pansara, Executive Director of the appellant was recorded under Section 14 of the Central Excise Act, 1944. After the investigation is completed the appellant were issued the show cause notice dated 13.05.2011 wherein it was contended that the lead acid batteries cleared to the dealers are required to be assessed under Section 4 A of the Central Excise Act, 1944. Accordingly, demand of differential duty between the value under Section 4 and value under Section 4 A was proposed. The show cause notice also proposed to recover interest and impose penalties under Section 11 AC and also personal penalty on the director of the appellant company Shri Navneet Muljibhai Pansara under
