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TMI Blog2014 (1) TMI 1563X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent (AR) JUDGEMENT Per : B.S.V.MURTHY During the visit of the officers to the appellant's unit on 9.8.2011, it was found that there was excess stock of 255.064 MT of TMT bars over and above the stock as per the daily stock account maintained by the appellant. It was also found that appellants had cleared two consignments under the same serial number of the invoice and accounted for only one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s pre-deposit for hearing the appeal. Appellants failed to do so. Consequently the appeal got rejected for failure to comply with the requirement of pre-deposit. 3. The learned counsel for the appellants submitted that when merely excess stock was found in an assessee premise, penalty under Rule 25 cannot be invoked. He relies on the decision of the Hon'ble High Court of Gujarat in the case of Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liberately kept with an intention to remove without payment of duty. She also submits that on the same day, a truck was found in Unit-II for which also no invoice or document was found. Under these circumstances, she submits that the ingredients of Section 11AC of Central Excise Act, 1944 have been found in this case since the contravention of Central Excise Rules in maintaining excess account ove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact that the total duty involved may be around Rs.13 lakhs on the goods and redemption fine of more than Rs.21.65 lakhs has been imposed for redeeming the goods, in my opinion, if the appellant deposits an amount of Rs.2/- lakhs that should be sufficient as pre-deposit for the Commissioner (A) to hear the appeal. Accordingly, the appellant is directed to deposit an amount of Rs. 2,00,000/- (Rupe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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