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TMI Blog1991 (5) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal was justified in holding that the imposition of fine of Rs. 30,000 and penalty of Rs. 25,000 and order of confiscation of 603 S.C.ooters by the respondent was valid in law? (2) Whether on the facts and in the circumstances of the case the Tribunal was right in holding that the RG-1 stage had been reached in respect of S.C.ooters even before they have been subjected to quality control tests, checks and inspection by the quality control staff and the 'OK' stickers initialled by the competent quality control staff who would authenticate the same only on completion of the respective checks, tests etc.? (3) Whether on the facts and in the circumstances of the case the Tribunal was right in holding that the computerised daily producti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law to have been waived? (7) Whether on the facts and in the circumstances of the case the Tribunal was right in holding that stagewise accountal is necessary in regard to the manufacture of S.C.ooters and if so whether the respondent would have been able to maintain accounts stagewise and comply with all the formalities and requirements if he had been the assessee? (8) Whether on the facts and in the circumstances of the case the Tribunal ought not to have been guided by the following decisions rendered by other Benches of the same Tribunal and also by the Supreme Court in the following cases brought to its notice to hold that no penalty or fine should have been imposed in the light of the same? (a) Hindustan Steel Ltd. v. State of O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 94 S.C.ooters were found to have been stored in the factory premises at various places. Of these, 603 S.C.ooters, though bearing "OK" stickers were not entered in the register RG-1 or in any other appropriate register. The petitioners case was that these 603 S.C.ooters were under "WIP" and had not qualified for being fully complete. Its case was that even though "OK" stickers were placed on the Scooters, they were still subject to audit, only whereafter they are sent to bonded store room. The Collector rejected this contention. He observed further that even if it is accepted that the Scooters were not fully manufactured/finished, yet there is no reasons for not accounting for the same in the column in the Finishing Room in RG-1. Before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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