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TMI Blog2010 (5) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Commissioner (Appeals) No. 145-C.E./2007 dated 31-10-2007. 2. Heard both sides. 3. When the officers visited the appellants factory on 11-2-2006, the statutory records were not available in the factory premises and it was claimed that the Director of the Company has carried them to Kanpur, where Head Office was situated for the purpose of sales tax assessment. The stock position was asc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of clandestine removal, the imposition of penalty under Section 11AC is not warranted. 5. Ld. DR reiterates this findings and reasoning of the Commissioner (Appeals). 6. I have carefully considered the submissions and perused the records. There was no challenge to the liability to the duty either before the Original Authority or before the Commissioner (Appeals). The challenge is only to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AC for imposing mandatory penalty is not justified. However, case of irregular maintenance of accounts is clearly admitted and established. 7. Therefore, the appeal is disposed of as follows :- (a) The duty liability and interest, which are not in dispute, confirmed. (b) The penalty imposed under Section 11AC is converted as a penalty under Rule 25(1)(b) of the Central Excise Rules and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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