9911796707
TMI Blog2012 (10) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... izure itself had taken a categorical stand that the said excess found wire was received by them from their job worker on the date of visit of the officers and the entries in respect of the same was to be made within a period of 24 hours. As such extending the benefit to the appellant, the confiscation of excess found scrap and wire is aside - in favour of assessee. Demand on the shortages of in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wire falling under Chapter 74 of the Central Excise Tariff Act. Their factory was visited by the officers on 17.10.06 who conducted various checks and verification. As a result 41.51 kg. of scrap (PB, 200 kg of brass scrap and 694.03 kg of PB wire) was found in excess to the recorded balance. On a reasonable believe that the same was meant for clandestine removal, officers seized the same u/s 110 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty of Rs.10,000/- was imposed on Shri Pankaj Jain, Director of the firm. The said order was upheld by Commissioner(Appeals). Hence the present appeal. 3. After hearing both the sides, I find that the appellants have taken a categorical stand that excess scrap was not being entered by them in their records as the same was being captively consumption and no objection was ever raised by the Reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tering the same in the records. The appellant at the time of seizure itself had taken a categorical stand that the said excess found wire was received by them from their job worker on the date of visit of the officers and the entries in respect of the same was to be made within a period of 24 hours. As such extending the benefit to the appellant, I set aside the confiscation of excess found scrap ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
