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TMI Blog2017 (9) TMI 1362X X X X Extracts X X X X X X X X Extracts X X X X ..... record the excess quantity of finished goods in the RG-I register. Thus, there is contravention of the Central Excise Rules, 2002. It is noted that large quantity of finished goods was found in excess. The finished goods found on Physical verification was 151165.28 Kgs and the stock recorded in RG-I register was 113550 Kgs. The quantity of 37615.28 Kgs was found in excess. The appellant has not e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of inputs and finished goods and found excess stock of 37615.28 Kgs of M.S. ERW Black Pipes/Tubes, which was seized by them. The Adjudicating Authority confiscated the seized goods and imposed Redemption fine of ₹ 2,49,209/- and penalty of ₹ 1,28,342/- under the provision of Rule 25 of Central Excise Rules, 2002. By the impugned order, Commissioner (Appeals) rejected the appeal fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aw materials with an intent to clear the finished product by evading duty. It is also submitted that the credit of the entire amount of duty paid, if any by the appellant in respect of clearances of the finished product to the buyers was available to the buyers as Cenvat credit. Hence, when revenue neutral situation comes about in relation to the credit available to the buyers in respect of the du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such excess quantity over a period of time. Shri Uttam Malakar has confirmed the difference in the weight of finished goods in his statement. The submissions made by the appellant in their grounds of appeal alleging that the officers did not weigh the products and made their observations merely on the basis of eye estimation is true only to the extent of the goods where the department found no ir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quantity in his statement. He has not explained the difference in quantity even at a later stage. The adjudicating authority observed that the amount of Cenvat duty of ₹ 1,24,604/- and education cess ₹ 2,492/- are involved on the excess quantity of the goods. However, I find that the quantum of Redemption fine and penalty are required to be reduced. 7. In view of the above discursio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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