9911796707
TMI Blog2012 (12) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... have discharged the duty liability as determined by the Settlement Commission, the redemption fine is reduced - E/2538 and 2603 and 2604/2011 - A/391-393/2012-EX(BR)(PB) - Dated:- 26-3-2012 - Justice Ajit Bharihoke, Shri Rakesh Kumar, JJ. REPRESENTED BY : Shri Piyush Kumar, Advocate, for the Appellant. Shri Sanjay Jain, AR, for the Respondent. [Order per : Rakesh Kumar, Member (T) (Oral)]. The appellant are manufacturers of insulated wires chargeable to central excise duty. On 7-1-2009, their manufacturing unit situated at 36/20, Julfe Bengal, G.T. Road, Shahdara, Delhi was visited by the jurisdictional Central Excise Officers. At the time of visit, it was found that statutory central excise records like production reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ince these matters do not involve any question relating to rate of duty or valuation and the redemption fine and penalty is also within Rs. 10 Lakhs, the same are within the jurisdiction of Single Bench. However, since even a Single Bench matters can be disposed of by a Division Bench and since the bench was of the view that these matters, though listed for hearing of stay applications, can be disposed of finally, with the consent of both the sides, these matters were heard by the bench for final disposal, after waiving the requirement of pre-deposit. 4. The ld. Counsel for the appellant pleaded that in this case after conclusion of investigation, a show cause notice alleging duty evasion had been issued against the main appellant, M/s. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emoval without payment of duty. Non-accountal of excisable goods produced by a manufacturer in the prescribed RG-I register is contravention of the provisions of Rule 10 of the Central Excise Rules, which attracts confiscation of the unaccounted goods and penalty on the manufacturer under Rule 25(1)(b) ibid. Therefore, the unaccounted goods under seizure have been correctly ordered to be confiscated and penalties have been correctly imposed on the appellant company and its Directors. However, looking to the fact that appellant company had gone to the Settlement Commission and have discharged the duty liability as determined by the Settlement Commission, the redemption fine is reduced to Rs. 1,50,000/- and penalty on the appellant company an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
