Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2011 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (8) TMI 881 - CESTAT, MUMBAIPenalty - After verification of physical stock, 3.067 MTs of finished goods were found in excess than the book stock - The excess finished goods and excess raw materials were seized on the ground that they were not maintaining the record properly - Undisputedly, the excess finished goods and excess raw materials involved in this case, the department could not show any evidence that there was any attempt on the part of the respondent to remove the goods clandestinely - Held that: the provisions of Rule 25 are subject to the provisions of Section 11AC of the Central Excise Act, 1944 and there is not allegation against the respondent that there was any attempt for clandestine removal in this case Regarding confiscation of raw material - under Rule 25, the semi-finished processed goods are not liable to confiscation because Rule 25 is applicable only to the finished excisable goods - Decided in favor of the assessee
|