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TMI Blog2018 (3) TMI 403X X X X Extracts X X X X X X X X Extracts X X X X ..... olated/contravened by the appellant and as such, the excess found stock was liable for confiscation. Considering the fact that there was no scope for entering the production particulars on 24.1.2013 in the statutory record on the said date and in view of the fact that the balance excess found stock was also available in the factory of the appellant, the quantum of redemption fine and penalty, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise duty, a team of Central Excise officers visited the factory premises of appellant on 24.1.2013 and conducted search therein. During the course of search and on verification of certain documents, the department detected that there was shortage of MS billets (raw material) to the tune of 98.674 MT and excess of 184.431 MT of TMT bars. On the basis of the discrepancies noticed, the dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the quantum of penalty from ₹ 7 lakhs to ₹ 5 lakhs. Feeling aggrieved with the impugned order, the appellant has preferred this appeal before the Tribunal. 3. The ld. Advocate appearing for the appellant submits that the factory of the appellant was visited by the Central Excise officers on 24.1.2013. Since, the appellant was required to enter the production particulars of a partic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for 21.1.2013 was also not recorded by the appellant. Thus, he submits that since the daily stock account was not maintained properly, it is manifest that the appellant had the intention to remove the excess found TMT bars without payment of duty in clandestine manner. He accordingly, submits that confiscation of the goods, imposition of redemption fine and penalties by the authorities below are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in Rule 25 ibid. However, considering the fact that there was no scope for entering the production particulars on 24.1.2013 in the statutory record on the said date and in view of the fact that the balance excess found stock was also available in the factory of the appellant, I am of the opinion that the quantum of redemption fine and penalty, in this case, can be reduced in the interest of just ..... X X X X Extracts X X X X X X X X Extracts X X X X
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