TMI Blog2014 (8) TMI 915X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeals). I find no interference in respect of reduction of redemption fine is warranted. Regarding imposition of penalty of equivalent amount of ₹ 3,25,753/- on the confiscated goods, ld.Chartered Accountant has made a point that since the goods have not been cleared from the factory though it is admitted fact that there was excess stock of 70.375 MT of ingots which is the production of almost of 3 to 4 days clearly indicate that production was not properly recorded in the accounts, violations are clearly noted which point finger towards non-accountal with intent to clear later on. However, since goods were within factory, means rea manifesting that goods were ready for clandestine removal has not been reached the stage, accordingl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thin the factory and no circumstances were shown that the goods were ready to remove clandestinely. Accordingly, he requested that penalty levied equivalent to the duty is on higher side should be reduced taking into consideration the totality of facts and circumstances of the case. 4. Regarding confiscation of goods, ld. Chartrered accountant pointed out a judgment of Single Member in the case of Eurasia Marbles Pvt. Ltd. vs. CCE, Jaipur-2011 (268) ELT 284 (Tri.-Del.) wherein it was held that non accountal of goods in absence of evidence of evidence of intention to illicitly remove the excess goods without payment of duty, the goods cannot be confiscated. 5. On the other hand, ld. DR pointed out that appellant did not account for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount of ₹ 3,25,753/- on the confiscated goods, ld.Chartered Accountant has made a point that since the goods have not been cleared from the factory though it is admitted fact that there was excess stock of 70.375 MT of ingots which is the production of almost of 3 to 4 days clearly indicate that production was not properly recorded in the accounts, violations are clearly noted which point finger towards non-accountal with intent to clear later on. However, since goods were within factory, means rea manifesting that goods were ready for clandestine removal has not been reached the stage, accordingly, I find force in his contention that this is not the case of imposition of equivalent penalty under section 11AC and this is case of only ..... X X X X Extracts X X X X X X X X Extracts X X X X
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