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2016 (2) TMI 953 - AT - Central ExciseConfiscation of the finished goods found excess at the time of investigation - the quantity of 21.99 MT of MS Ingots were in excess - Held that: - the ground of challenging the impugned order is that the stock taking of 2372 pieces of ingot could not have been done within the period of 5 hours which is not practically possible. Therefore, the excess of stock found was merely eye estimation and stock taking was done on average basis. As no physically stock taking was done therefore, the allegation of excess stock found and the same has not been recorded in the statutory record is not sustainable. In that circumstance, I hold that the duty cannot be demanded from the appellant on the ground of stock goods found in excess. In these circumstances the goods are not liable for confiscation consequently the redemption fine and penalty imposed on the appellant is set aside and the appeal is allowed with consequential relief, if any.
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