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2017 (10) TMI 267 - AT - Central ExciseConfiscation - excess stock of raw material, namely, Polyester Chips - whether the excess raw material namely, polyester chips of 11,701 Kgs found in the premises of the appellant are liable for confiscation, and personal penalty on the Director liable to be imposed? - Held that: - the said raw materials were procured from the open market and accordingly, CENVAT credit was not availed being not accompanied with duty paid excise invoices - There is no evidence brought on record by the Revenue that these raw materials had been procured to be used in the manufacture of finished goods later to be cleared without payment of duty. In these circumstances, therefore, confiscation of the excess goods found in the factory premises cannot be sustainable - personal penalty on the Director also cannot be sustained - appeal allowed - decided in favor of appellant.
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