TMI Blog2008 (10) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... p Goyal, Advocate, for the Petitioner. S/Shri Sanjeev Kaushik, Standing Counsel, Satish Aggarwal, with Ms. Mala Sharma, Advocate, for the Respondent. [Order]. - This petition seeks a direction for release of raw material seized by the Anti-Evasion Branch of the Central Excise, Faridabad on 15.9.2008 and also to quash letter of seizure dated 24.9.2008 alongwith Panchnama. 2. Case of the petitioner is that it was engaged in manufacture of ferrous and non-ferrous ingots (aluminium alloy ingots), for which raw material of aluminium scrap, silicon scrap and copper scrap are required. The petitioner availed Cenvat credit for the inputs under the Cenvat Credit Rules, 2004. The inputs received were entered into a register. On physical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entry of 7.9.2008 and 8.9.2008 was nil. It is, thus, pointed out that under Rule 15 of the Cenvat Credit Rules, 2004, the goods were liable to confiscation and penalty. 5. We have heard learned counsel for the parties and perused the record. 6. We find that the seizure was effected on 15.9.2008 and neither the goods have been released nor is there any progress in conducing inquiry when allegation is only about record not being complete, which does not require any detailed investigation. It is well settled that power of effecting seizure is coupled with duty. There is no explanation whatsoever as to why for the period of more than one month no further investigation has been made. On being pointedly asked from learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be reasonable and fair and there has to be some basis for continuing to detain the goods. Mere allegation or mere initiation of investigation does not justify detention of goods. The terms imposed for release of goods have to have nexus with safe-guarding possible demand of duty. Bond B-11 is not shown to be applicable for release of raw material. 8. We, therefore, partly allow this petition and direct release of goods on petitioner furnishing undertaking to pay the duty or other dues which may be found due without furnishing any cash security or bank guarantee for the value of the goods. 9. We find that the stand of the respondents in not finalizing the issue for a period of one and a half months and in not specifying any period ..... X X X X Extracts X X X X X X X X Extracts X X X X
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