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2016 (10) TMI 738 - AT - Central ExciseEvasion of Central Excise Duty - search of premises - removal of goods without payment of duty - confiscation of goods with an option to pay redemption fine - imposition of penalty - legality of Redemption Fine and penalty imposed - Held that: - Once the amount payable under Cenvat Credit Rules is held as duty of excise, the inputs and capital goods removed without payment of amount on duty from the factory of the first appellant shall be treated to have been removed without payment of duty, making the same liable to confiscation under Rule 25(1) of the Central Excise Rules, 2002. The decision in the case of Roll Well Conveyor vs. Jt. Commissioner of Central Excise, Thirupathi [2009 (6) TMI 110 - KARNATAKA HIGH COURT] relied upon where similar issue was decided and it was held that confiscation of the goods and imposition of penalty by the adjudicating authority which was upheld by the Tribunal, was legal and correct and do not call for any interference. Confiscation of the goods and imposition of redemption fine in lieu of confiscation and imposition of penalty upheld - quantum of redemption fine and penalty reduced - appeal disposed off - decided partly in favor of appellant.
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