1998 (11) TMI 257

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..... When the stay application came up for hearing it appeared that the impugned appeal itself could be disposed of at this stage. Both sides agreeing, this was done after granting unconditional stay of the sums confirmed in the proceedings. 2. On 3/4-3-1996 the jurisdictional officers conducted verification of the physical stocks of fully finished excisable goods in the assessees factory. The .....

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..... ue of jurisdiction but limited himself to state that as against the physical stock of films amounting to 17097.2 Kgs, alleged excesses should not be held against the assessees at all. He stated that there was no cause for confiscation or for imposition of penalty. Shri D.K. Nayyar, learned D.R. submits that penalty is attracted for not following the stipulation under the law and is in the nature o .....

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..... ation in the stock, the department should not pursue such case to such conclusions. In fact the energy and the time spent by the officers in pursuing this case could have been more profitably spent in other pursuits. 5. Therefore while agreeing with the DR that the penalty need not be indicative of the existence of mens rea. I find that the action taken by the department was excessive. I, there .....

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