2006 (4) TMI 436

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..... spondent. [Order]. Heard both sides and perused the records. 2. Facts leading to the passing of the impugned order may be noted. The appellant is a manufacturer of iron and steel products that are excisable. Central Excise authorities visited the appellants unit on 24-5-96 and did a stock verification. Stock of finished goods was found to tally with the recorded balance. Raw material .....

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..... f Rs. 10,000/- and penalty of Rs.5,000/-. Confiscation has been made under Rule 173Q of Central Excise Rules, 1944 read with Rule 226 of the same rules. 3. The contention of the appellant in the present appeal is that there was actually no excess stock and the finding of excess is the result of quantity of billets being counted incorrectly. There is also a submission that excess stock of raw mat .....

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..... pecific offence in regard to excess stock of raw materials. The order also does not bring out which specific sub-rule of Rule 173Q is violated. The fact that finished product s stock tallied with the statutory account also shows that the appellant is not carrying out any clandestine activity with intent to evade duty. In the circumstances, the confiscation of the raw material and imposition of pen .....

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