9911796707
TMI Blog2008 (8) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... h there was no excess stock - not a case of clandestine removal, but there was a technical default in maintenance of statutory records - CESTAT was justified in upholding Commissioner (A)’s order inasmuch as reducing penalty imposed for non-accountal of goods in RG-1 Register - 1745 of 2007 - - - Dated:- 5-8-2008 - D.A. Mehta and H.N. Devani, JJ. S/Shri R.J. Oza and Harin P. Raval, for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of duty and, therefore, penalty imposed under Rule 173Q(1) of Central Excise Rules, 1944 was not warranted?" 2. Heard the learned Counsel for the appellant. The learned Counsel for the appellant invited attention to the findings recorded by the adjudicating authority to submit that both the Commissioner (Appeals) and the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecorded findings as under: "On 21-3-06, the officers visited the factory and found excess stock of Text Yarn not accounted in statutory records which was seized along with anti-static oil which is an inputs and found in excess than the RG 23A stocks. The JAC after hearing the party ordered the confiscation of the text yarn and gave a redemption fine of Rs. 10,000/- and also confiscated anti-stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00/- a maximum prescribed under Rule 226 and set aside the confiscation of the yarn and the Static Oil. The appeal allowed as modified hereinabove." 4. The Tribunal has confirmed the aforesaid findings. Thus, it is apparent that both the appellate authorities have concurrently found on facts that the Texturised Yarn was not in excess but was only separately stacked and the entire stock of Anti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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