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TMI Blog2008 (2) TMI 789X X X X Extracts X X X X X X X X Extracts X X X X ..... quired to be imposed - except for penalty of ₹ 2000/- on M/s. Vishal Malleables Ltd. for non-maintenance of proper records, appeals are allowed - decided partly in favor of appellant. - E/1046-1049/2007 - A/436-439/2008-WZB/AHD - Dated:- 29-2-2008 - Ms. Archana Wadhwa, J. REPRESENTED BY : Shri Vinay Kansara, Advocate, for the Appellant. Shri D.S. Negi, SDR, for the Respondent. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter hearing both the sides, I find that the seized goods were subsequently released by the officers, entered in RG1 and were cleared on payment of duty. As such, the only question which remains is as regards confiscation of the seized goods and imposition of penalty upon the appellants. It is the appellant s case that the goods were meant for Railways and there was no intention on their part to c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able Iron Castings. As regards penalty, I find that non-entry of the same in RG1 register would attract penalty for non-maintenance of records, which I reduce to Rs. 2,000/-. 4. As regards the demand of duty and confiscation in respect of Grinding Wheels, I find that the same were found in the adjacent premises of the appellant, to whom the activity of removal of fellers was assigned, on account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns, Modvat credit should not be denied to the main manufacturer. For the same reasons, no penalties are required to be imposed. By following the ratio of the above decisions, I set aside the confirmation of denial of Modvat credit in respect of Grinding Wheels or their confiscation or penalty. 5. In a nutshell, except for penalty of Rs. 2000/- on M/s. Vishal Malleables Ltd. for non-maintenance o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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