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2014 (2) TMI 718 - AT - Central ExciseDetermination of excess stock - Confiscation of the excess stock with option to be redeemed on payment of redemption fine - Penalty under Rule 25 of Central Excise Rules on each of the appellant company as well as its Director/ Manager - Held that:- excess stock in Shivangi Estates Ltd.’s case is 25% as against the RG-1 Register balance 54.285 MT, the stock determined average basis was found to be 68.118 MT. Excess to the extent of 25%, in my prima facie view, is not possible on account of determination the weight on average basis. Therefore, in this case M/s. Shivangi Estates Ltd., prima facie that there was excess un-accounted stock and hence confiscation of the excess stock and imposition of penalty of this amount appears to be justified. In other three cases the alleged excess is less than 5% and in my prima facie view variation between the actual weight and the weight ascertained on average basis to this extent is possible. Therefore in these cases, the allegation of non-accounted of finished goods does not appear to be sustainable. Conditional stay granted.
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