2004 (3) TMI 529

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..... Respondent. [Order]. Heard both sides and on considering the issue it is found - (a) Appellants admit that the goods not accounted in production record viz RG-1 were in bulk form and are delivered in containers, of the buyers, as per the practice. The practice was to fill in barrels/tankers and thereafter weigh and enter in the RG-1 record. The goods are not accounted is establ .....

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..... ithin the factory, the liability to confiscation under Rule 173Q is not called for. The same is set aside. The penalty on the assessee of Rs. 1 lakh is considered to be reasonable in the facts and circumstances of this case. However, it is found that the penalty imposed is only Rs. 50,000. Therefore the same is confirmed. (c) Since liability of confiscation is not being upheld, penalty on .....

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