9911796707
TMI Blog2017 (2) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... , on verification of records, it was noticed that main appellant has availed CENVAT credit on various inputs. On stock verification it was found that there was shortage of inputs; that credit was availed twice on the same invoice; excess credit was availed. On being pointed out the irregularities the CENVAT credit was reversed with interest before issuance of show-cause notice. Yet another infraction noticed was that duty paying document with a consignment was not showing debit number hence goods were seized along with truck but later provisionally released. Adjudicating authority after following due process of law passed the following order. "(i) The demand of duty of Rs. 3,66,966.60/- (Rupees three lakh sixty six thousand nine hundred s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for claiming the concessional rate of duty under Notification No 1/93 dated 28.02.1993. (vi) I set aside demand of Rs. 4,81,549/- (Rs Four Lakh Eighty One Thousand Five Hundred Forty Nine Only) relating to inputs directly sent to the job-worker. (vii) I confirm the demand of Rs. 1,19,008/- (Rs. One Lakh Nineteen Thousand Eight only) being availed in excess under Rule 57 I of Central Excise Rules, 1944 read with Section 11A of Central Excise Rules, 1944 and appropriate the amount of Rs. 1,19,008/- (Rs One Lakh Nineteen Thousand Eight only) reversed by the assessee vide entry no 156 dt. 31.03.1995, 02 dt. 26.04.95 and 03 dt. 10.06.95 in PLA. (viii) The demand of Rs. 4,48,034/- (Rs Four Lakh Forty Eight Thousand Thirty Four Only) avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of seized goods valued at Rs. 4,96,110/- under Rule l73Q of Central Excise Rules, 1944 and which were subsequently released provisionally against B-11 Bond and Bank guarantee; and impose redemption fine of Rs. 1,24,000/- (Rs One Lakh Twenty Four Thousand Only) in lieu of confiscation under Section 34 of Central Excise Act, 1944. In case of failure to pay redemption fine, I order to appropriate the Bank guarantee of Rs. 1,24,037/- furnished by the assessee for provisional release of the said goods against the recovery of the imposed on them. (xiii) I impose penalty of Rs. 5,00,000/- (Rs. Five Lakh Only) under Rule 173Q of Central Excise Rules on M/s Maldar Barrels (P) Ltd. (iv) I impose personal penalty of Rs. 25,000/- (Rs. Twenty Five ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged between 20.5 to 23 kgs. If the factual weight is taken for calculation there is marginal shortage, which is included in the amount already reversed by the main appellant. I do not find any infirmity in the order of adjudicating authority, accordingly in the facts of this case the Revenue s appeal is rejected. 7. As regards the penalties imposed on the director of the company, I find that they have accepted that there were errors in the records hence I find that adjudicating authority was correct in imposing penalties on them. Appeals filed by individuals are rejected. 8. As regards the penalty of Rs. 5,00,000/- imposed on main appellant M/s Maldar Barrels Pvt Ltd, I find the said penalty is imposed under Rule 173Q of erstwhile Central ..... X X X X Extracts X X X X X X X X Extracts X X X X
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