9911796707
TMI Blog2001 (7) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... h option to the appellants to redeem the same on payment of redemption fine of Rs. 2,00,000/- (Rupees two lakh). Personal penalty of Rs. 2,00,000/- (Rupees two lakh) under the provisions of Rule 209A has also been imposed on Shri Prahalad Kejriwal, Power-of-Attorney holder of the main appellants M/s. Rexon Industries. 2. Briefly stated the facts of the case are that the appellants who are manufacturers of cold rolled strips were visited by the officers on 21-7-1997 at late hours. Inasmuch as no responsible person was available in the factory, the officers took into their possession the statutory records and documents. They subsequently visited the factory on 24-7-1997 and undertook various checks and verifications. Joint stock taking was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as drawn on 26-9-1997 and 9 coils were found to be much below 3.5 mm. 5. Based upon the above factual position the appellants were served with a show cause notice raising demand of duty on the short found CR coils; proposing confiscation of excess found HR coils and sprocket wheels and also proposing imposition of personal penalties. The said show cause notice culminated into the impugned order passed by the original adjudicating authority. On an appeal against the above order, the same did not succeed before Commissioner (Appeals). 6. The appellants have attacked the above order on the ground that the stock of HR coils and CR coils taken collectively was more or less equivalent to the stock of coils as reflected in their RG-23A records ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sent in the appellants unit. There are also no inventories on record to show the measurement of all the coils in question. The thickness of the 18 coils sampled subsequently was found to be varying from 3.2 mm to 3.7. It is also noticed that the 9 samples out of the 13 samples drawn subsequently by the officers on 29-9-1997, the thickness was found to be much below 3.5 mm. In these circumstances the findings of the authorities below that there was excess of HR coils and shortage of CR coils, especially when the total weight of the coils as physically found and as recorded in Modvat records is tallied cannot be held to be sustainable. 7. As regards the confiscation of sprocket wheels it is seen that the appellants contention was that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
