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TMI Blog2013 (11) TMI 1288X X X X Extracts X X X X X X X X Extracts X X X X ..... t there was excess of 96.131 M.T. of raw material valued at Rs. 27.10 lakhs and similarly there was excess of 52.118 M.T. of finished product valued at Rs. 16.79 lakhs. Since, according to the department the appellant's explanation for the excess stock was not satisfactory, the visiting officers being under reasonable belief that the goods being not accounted are liable for confiscation placed the excess stock of raw material and finished goods under seizure. After issue of show cause notice, the Jurisdictional Assistant Commissioner vide order-in-original dated 18/1/12 ordered confiscation of the entire stock of raw material as well as finished goods under Rule 25 of Central Excise Rules with option to be redeemed on payment of Rs. 9 lakhs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 hours from 1230 hrs. to 2300 hrs. and the raw material as well as finished goods were stacked in piles, that in all 88 different sizes of ingots and billets were stacked in piles and without segregating the billets and ingots, it was not possible to determine their weight even on average basis, that similarly the weighment of the finished goods and bars has also been determined by estimation, that at the time of officers visit to the factory, as per the chart prepared, the total estimated weight of the raw material was 1341 M.T., that billets/ingots in the furnace were 60 M.T. and the billets/ingots lying at feeding stage near the furnace were 30 M.T., that the total of 1341 M.T. and 90 M.T. comes to 1431 M.T. against which the opening ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n about weight of different types of billets/ingots as per their cross section dimensions and length, and that once the Managing Director had agreed to weighment by estimation, he cannot reverse his stand and say that weighment done was not correct. He also mentioned that retraction letter addressed to Senior Intelligence Officers had not been sent to DGCEI office. He, therefore, pleaded that this is not the case for waiver from the requirement of pre-deposit. 5. I have considered the submissions from both the sides and perused the records. The miscellaneous application for additional submission regarding financial condition of the appellant is accepted. 6. Prima facie I find that there is no dispute that the weighment of the raw material ..... X X X X Extracts X X X X X X X X Extracts X X X X
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