9911796707
TMI Blog2010 (6) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... The facts of the case, in brief, are that the appellants are a 100% EOU engaged in the manufacture of Texturised Yarn, Twisted Yam, Sizing Yarn & Grey Fabrics falling under Chapter 54 of Central Excise Tariff Act, 1985. A team of Central Excise officers visited the factory premises of the Appellant Unit on 28-9-2002 and conducted preventive checks in the presence of two independent Panchas and Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yment of duty and admitted his offence. 2. Based on the above, proceedings were initiated which culminated into an order passed by Original Adjudicating Authority confirming demands and imposing penalties. On an appeal against the above, Commissioner (Appeals) upheld the duty demand of Rs. 7,19,837/-. The present appeal stands filed by the Revenue against that part of the impugned order of Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Components Limited v. Commissioner - 2000 (115) E.L.T. 278 (S.C.). The ratio of the above decision of the Larger Bench is that though goods may be liable for confiscation, in the event of physical non-availability of the goods, these could not be confiscated and/or redemption fine in lieu of confiscation imposed except when goods were allowed to be cleared/re leased on execution of bond/undertakin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eiterated the same grounds. I agree that the bond entered by the 100% EOU at the time of import of the goods, cannot be equated to a bond for provisional release of the seized goods, in which case, the redemption fine can be imposed even if the goods were provisionally released. In the present case there is no seizure and as such, I agree with the learned Commissioner (Appeals) that no confiscatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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