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2014 (10) TMI 56 - AT - Central ExciseSSI Exemption - Non maintenance of Records - Confiscation of goods - Redemption fine and penalty imposed - Held that:- At the time of visit of the officers of the factory, the appellants were availing the SSI exemption and were fully exempted from duty and at that time, the value of their clearances during the financial year was ₹ 45,81,260/-. There is also no dispute at that time of officers visit, the appellants on the basis of value of their clearances upto that date, were neither required to file a declaration with Central Excise department nor were required to obtain Central Excise registration. The only allegation against the appellant is that they were not maintaining any records. Learned Counsel for the appellant herself has conseded even though at the time of officer visit to the factory, they were not required to file any declaration or obtain Central Excise registration, they should have maintained some records of the goods manufactured and cleared by them. However, there is neither allegation against the appellant that they were under reporting the production and clearances nor there in any allegation that the clearances of the appellant’s unit were required to be clubbed with the clearances of some other unit and on that basis, they are not eligible for SSI exemption. Merely for non-maintenance of records, the redemption fine of ₹ 2 lakhs and penalty equal to the duty involved on the seized goods is too high. Fine and penalty reduced to ₹ 50,000/- - Decided partly in favour of assessee.
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