TMI Blog1993 (10) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... nts. [Order]. Though stay application was listed for hearing, Shri Ravindra Chalke, pleads that the amount of penalty has already been deposited and he pleads for deciding the appeal itself. Since the other side has no objection, the appeal was taken up for hearing. The appeal is against the order-in-original No. V(14E)15-3-/Adj/85, dated 28-10-1985. The facts of the case are that during t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of fine of Rs.10,000/- and the appellants were also imposed with a penalty of Rs. 10,000/-. 2. Shri Ravindra Chalke, the Sr. Officer (Excise) of the appellants factory pleaded that there was no mala fide intention of evading duty. All the goods, which were kept in the corridor have been duly accounted for in the excise records. Because of the repair work in the bonded store room they have t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. For this technical violation, seizure and confiscation and redemption fine of Rs. 10,000/- are not called for. However, as regards, the 187 bottles, since the allegation is that they are not accounted for, their seizure and confiscation can be justified. Taking into account the duty involved on these goods is only to the extent of Rs. 157.81 and also the plea that it is on account of mix up, I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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