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TMI Blog2008 (10) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : Archana Wadhwa, Member (J)]. As per facts on record, the appellant is engaged in the manufacture of processed MMF fabrics out of the grey fabrics. Their factory was visited by the officers on 24-12-2002, who conducted various checks and verifications. As a result, physical stock of finished textile fabric was found to be in excess than the recorded balance in statutory record. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llants were issued various summons for production of record, which they fail to do. 2. On the above basis, proceedings were initiated against the appellant for confiscation of excess found goods, as also for imposition of penalty, which resulted in to an order passed by Assistant Commissioner vide which he has confiscated excess found processed fabrics as also grey fabric absolutely. In addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2006 (203) E.L.T. 521 (Tri.-LB), has held that non-accountal of the goods would attract confiscation and penalty, inspite of there being no mens-rea. In any case, we have held in the present case that there was malafide on the part of the appellant for not recording the raw material as also finished goods in the statutory records, as there was a clear intention to remove the same without payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lakhs (Rupees Two lakhs and fifty thousands only), keeping in view that the goods worth Rs. 15 lakhs stand fully confiscated by the impugned order and appellants have been deprived of the ownership of the same. 6. Appeal is allowed in above terms. (Pronounced in Court on 6-10-2008) [Note : Text corrected as per Corrigenda Published in 2009 (241) E.L.T. 160 (7th September, 2009 - Vol. 241 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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