9911796707
TMI Blog2018 (11) TMI 674X X X X Extracts X X X X X X X X Extracts X X X X ..... DUSTRIES PVT. LTD. [2010 (7) TMI 596 - CESTAT, NEW DELHI] needs to be followed - the Original Adjudicating Authority has upheld the confiscation by imposing redemption fine of ₹ 13.18 lakhs and penalty of ₹ 6.78 lakhs. The same is required to be upheld but fine & penalty needs to be reduced - appeal allowed in part. - APPEAL No. E/1876, 1907/2008-EX[SM] - FINAL ORDER NO.72581-72582/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... initiated against them by way of issuance of show cause notice for violation of Rule 10 of Central Excise Rule, 2002 to render the goods liable for confiscation and consequently for imposition of penalty. On Adjudicating the original Adjudicating Authority confiscated the raw materials and finished goods and imposed redemption fine of ₹ 13,80,000/- and penalty of ₹ 6,74,953/-. 3. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r order dated 30.08.2017, observed that in an identical matter, Tribunal in the case of Commissioner of Central Excise, Kanpur V/s Sarada Steel Industries Pvt. Ltd. reported as 2011 (264) E.L.T. 297 (Tri.-Del.) has taken a contra view. It was further observed by the Hon ble High Court that since the earlier order was dated 25.07.2010, present order which is subsequent one should have taken note of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advocated Shri Ashish Kumar Shukla appeared for assessee and Mohammad Altaf, learned A.R. argued for the Revenue. 6. In terms of the High Court s order, the ratio of law laid down by the Tribunal in the case of Commissioner of Central Excise, Kanpur V/s Sarada Steel Industries Pvt. Ltd. reported as 2011 (264) E.L.T. 297 (Tri.-Del.) is required to be followed. On going through the said order, I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. As such while upholding the order of the Original Adjudicating Authority, the confiscation of the goods and imposition of penalty is upheld but the quantum is reduced to 50% of the redemption fine and penalty originally imposed by the Adjudicating Authority. 8. Both the appeals filed by the Revenue as also by the assessee are disposed of in above manner. (Pronounced in Court on 14/11/2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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