2021 (11) TMI 460

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... confiscation of goods as well as imposition of redemption fine, the adjudication order confirming such demand cannot be considerd as legal and proper. Therefore, the impugned order confirming confiscation of goods and imposition of redemption fine is set aside and the appeal to such extent is allowed in favour of the appellant M/s. Mittal Corp Limited. Imposition of penalty under Rule 15A ibi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Ms. Payal Nahar and Shri Stebin Mathew, Advocates for the Appellant Shri Sanjay Hasija, Authorized Representative for the Respondent ORDER PER: S.K. MOHANTY Briefly stated, the facts of the case are that the appellant herein M/s. Nakoda Ferromet is engaged in trading of SS Scrap and for that purpose, is registered with the Central Excise Department as a dealer. During the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... appeals. On appeal against the said adjudication order, the learned Commissioner (Appeals) vide the impugned order dated 27.03.2018 has modified the original order to the extent of setting aside confirmation of the Cenvat demand and also reducing the quantum of redemption fine to ₹ 2,43,873/-. Feeling aggrieved with the impugned order, the appellants have filed these appeals before the Trib .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 2002 is not sustainable and he pleaded for reduction in the quantum of penalty imposed in the adjudication order and subsequently confirmed in the impugned order. 3. Heard both sides and perused the records. 4. I find that the show cause notice dated 05.04.2016 at para 13.1 had proposed for confiscation of goods and imposition of penalty on M/s. Nakoda Ferromet. However, the adjudication ord .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed is exposed the penal consequences provided under Rule 15A ibid. 4.1 In view of the above discussions, the appeal filed by Mittal Corp Limited is partly allowed in setting aside the impugned order, insofar as it has upheld confiscation and imposition of redemption fine. 5. Considering the overall facts and circumstances of the case, I am of the view that the quantum of penalty imposed on t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X