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2015 (10) TMI 334 - AT - Central ExciseConfiscation of goods - Imposition of redemption fine - Non availability of goods - Held that:- Appellants are not contesting the demand of duty. They have also paid the duty before issue of the Adjudication order. Hon’ble Gujarat High Court in the case of M/s Exotic Associates Vs Commissioner of Central Excise - [2009 (11) TMI 293 - GUJARAT HIGH COURT], held that the benefit of reduced penalty under Section 11AC of the Central Excise Act, 1944 would be given if the option was not given to the Appellant earlier. I agree with the submissions of the learned Advocate that the goods are not available and therefore, confiscation and imposition of redemption fine are not sustainable. The Larger Bench of the Tribunal in the case of M/s Shiv Kripa Ispat Pvt. Ltd (2009 (1) TMI 124 - CESTAT MUMBAI) held that the goods cannot be confiscated when not available, redemption fine is not imposable. - The confiscation and imposition of redemption fine are set aside. - Decided partly in favour of assessee.
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