2017 (2) TMI 879

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..... income, from sale of illicit manufacturing and clearance of excisable goods but is the part of the payments made by M/s. M.D. Buildwell (P) Ltd. - confiscation of currency set aside. Confiscation of excess copper scrap - Held that: - various explanations mentioned by the assessee appellant and the pleadings that such estimation of the excess is an eye estimation only have not been appropriately considered by the Commissioner (Appeals) - matter to be remanded. Appeal disposed off - part matter allowed - part matter on remand. - E/2628 & 2627/2008-EX(DB) - Final Order Nos. A/54608-54609/2016-SM(BR) - Dated:- 28-10-2016 - Shri Ashok Kumar Arya, Member (T) Shri Jitender Singh, Advocate, for the Appellant. Shri Dharam Singh A .....

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..... Agra Steel Corpon. v. CCE - 2002 (48) RLT 298 (Tribunal) = 2001 (132) E.L.T. 659 (Tribunal) - Dulichand Silk Mills (P) Ltd. v. CCE - 2001 (133) E.L.T. 468 (Tribunal) 4. The Ld. A.R. for the Revenue reiterates the findings given by Lower Revenue Authorities. 5. The facts of the case, the submissions of both the sides and the case laws cited have been carefully considered. 6. The Revenue fails to prove that Indian Currency of ₹ 23.15 lacs is the sale proceeds of excisable goods illegally manufactured and cleared so. The documents produced in this regard by the appellants like the Agreement to Sell dated 19-9-2005, copy of Resolution of Board of Directors of M/s. M.D. Buildwell (P) Ltd., and affidavit of Shr .....

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..... ommissioner (Appeals). Therefore, confiscation ordered for said seized excisable goods i.e. Copper Scrap and option given of redemption fine and further imposition of penalties on the appellants, Mr. J.B. Metal Industries Pvt. Ltd. and on Shri Rajesh Kumar are hereby set aside. 7. Based on above discussions : (i) Confiscation of Indian Currency of ₹ 23.15 lacs has been set aside and Appellant No. 1. Shri J.B. Metal Industries Pvt. Ltd. would be entitled to get back this money from the Revenue within four months of issue of this order. (ii) Further as the confiscation of seized excisable goods i.e. Copper Scrap valued at ₹ 24,12,359/- and the Redemption Fine imposed in this regard along with the penalties imposed has .....

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