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2017 (11) TMI 1393 - AT - Central ExciseClandestine production and removal - CR Strips/Sheets - whether the Learned Commissioner have rightly upheld the confiscation of alleged excess stock, cash seized and rightly imposed penalty on the partner Shri Ashok Kumar Lahoty? - Held that: - the order of confiscation of 96MT of CR Sheets is not sustainable as the capacity of VSSL to manufacture CR Sheets is not established - appellants have led cogent evidence with regard to purchase of the said sheets from other traders, which have been rejected on flimsy grounds without there being any cross verification from the sellers of the sheets. As regards confiscation of cash, the same is not sustainable as appellants had sufficient cash balance on the date of inspection in their cashbook maintained in ordinary course of business - Further, there is no finding by Revenue that the said cash related to any clandestine activity or trading. Personal penalty on the partner Mr. Ashok Kumar Lahoty - Held that: - penalty not sustainable and the same is set aside. Appeal allowed - decided in favor of appellant.
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