9911796707
TMI Blog2000 (8) TMI 703X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellants manufacture Woollen Yarn falling under Chapter 51 of the Central Excise Tariff Act, 1985. On 27-10-1995, the Central Excise preventive staff visited their factory premises and carried out the physical verification of the raw material and finished goods lying in their premises. On physical verification of finished goods, 75 Cartons of Woollen Yarn weighing 1125 Kgs. valued at Rs. 4, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be imposed on them under Rules 226 and 173Q. These proceedings culminated in the Addl. Commissioner of Central Excise, Chandigarh passing an Order-in-Original dated 14-2-1997 in which he ordered for the confiscation of the seized goods but gave an option to the party to redeem the same on payment of a fine of Rs. 50,000/-. He further confirmed the duty of Rs. 41,412/- on the raw material found ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in Form D-3 was duly submitted to the Superintendent of Central Excise Range XI, Ludhiana. It was submitted that these goods were received back by them on 27-10-1995 - the date of the visit of Central Excise Officers to their premises. This submission of the party has been dismissed by the adjudicating authority by observing that Lambs Wool Yarn had been cleared by the above stated two parties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lants. In view of the pointed out discrepancy in the Order-in-Original, therefore, this portion of the order is set aside and the matter remanded to the original authority to pass de novo order keeping in view the above observations. 4. As regards the second part relating to the shortage of duty paid inputs on which the Modvat credit had already been availed, it is contended that this quantity w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeal is therefore partly allowed by way of remand to the original authority for de novo adjudication in the above terms with regard to the finished goods found in excess. The confirmation of duty of Rs. 41,412/- in respect of raw material found short is confirmed. The penalty of Rs. 25,000/- in respect of this confirmation of demand is upheld. 7. The appeal is disposed of in the above terms. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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