9911796707
TMI Blog2008 (10) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... rs recorded in their accounts, which according to the learned Advocate constitute only 2.7% of the total stock of waste papers. - The obligation to account for the raw materials and manufactured goods is a strict one. This is a preventive measure. Non-accountal of substantial quantity of finished goods and raw materials are admitted. The explanation offered for such excess stock found is not convi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cenvat credit was taken and the Cenvat involving amounting to Rs. 76,001.28 stands paid. There was no dispute regarding the same. The original authority ordered confiscation of the excess goods and imposed redemption fine of Rs. 1,60,000/- and imposed a penalty of Rs. 50,000/- on the appellant. Commissioner (Appeals) upheld the order of the original authority. 4. Learned Advocate submits that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re liable to confiscation and mens rea is not relevant. He relies on the following decisions in support of his argument: (a) PNP Castings (P)Ltd. v. C.C.E., Lucknow - 2006 (194) E.L.T. 250 (Tri.-Del.) (b) Sharadha Forge Pvt. Ltd. v. C.C.E., Rajkot - 2005 (179) E.L.T. 336 (Tri.-Mumbai) (c) C.C.E., Vapi v. Modison Ltd. - 2006 (203) E.L.T. 521 (Tri.-L.B.) (d) Kirloskar B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve measure. Non-accountal of substantial quantity of finished goods and raw materials are admitted. The explanation offered for such excess stock found is not convincing though there are mitigating circumstances. They failed to maintain proper account and Rule 10A of Central Excise Rules, 2002 is attracted. In view of the above, I hold that confiscation was warranted. 8. Having regard to the f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
