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TMI Blog2014 (10) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... . Normally, in the absence of any evidence to show that non-recording was with mala fide intention to clear the goods clandestinely, confiscation and imposition of higher redemption fine may not be justified. However, in the present case, I find that the appellant were not having sufficient stock of raw material in their records for manufacture of the said unaccounted goods. As such it becomes cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant is engaged in the manufacture of ingots and copper scrap. Their factory was visited by the Central Excise Officer on 14-2-2008, who conducted various checks and verifications. As a result 74 ingots were found in excess then the recorded balance. The officers were informed that out of the said 74 ingots, 20 ingots had been manufactured on the same day and 54 were the production of the earlie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same on payment of ₹ 1,80,000/- in addition penalties imposed upon the manufacturing unit M/s. Kunal Enterprises and penalty of ₹ 20,000/- on Shri Jai Bhagwan Mittal, Partner. 3. On appeal against the said order, Commissioner (Appeals) rejected the appeal but reduced the penalty on M/s. Kunal Enterprises from ₹ 2 lakhs to ₹ 1 lakh. Hence the present appeal. 4. Aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o remove the goods clandestinely. Accordingly, I uphold the confiscation of the goods and imposition of penalty on M/s. Kunal Enterprises. Keeping in view the fact that the said seized goods were subsequently released to the appellant and were cleared by them on payment of Central Excise duty, I reduce the redemption fine from ₹ 1,80,000/- to ₹ 75,000/- and penalty from ₹ 1,00,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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