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2010 (9) TMI 604 - CESTAT, NEW DELHISearch and seizure - Confiscation - Demand - Cenvat credit - Rule 25(1)(b) of the Central Excise Rules, 2002 - It is not in dispute that the respondent company has cleared several consignments during the months of January, February and March, 2004 - it is a clear case of non-maintenance of record of receipt and disposal of cenvat input, non-maintenance of records production and clearance of final products, clearance of excisable goods without payment of duty for three months - Since confiscation has been upheld, and the Commissioner (Appeals) has used his discretion to reduce the redemption fine, there is no need to interfere with this part of the order Regarding penalty - The involvement of the Directors with knowledge and intention is clearly evident - it is seen that penalties imposed by the original authority on the directors is nominal - penalty of Rs. 8,15,375/- imposed is restored -
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