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2018 (3) TMI 599 - AT - Central ExciseClandestine removal - excess stock - confiscation - Held that: - It is seen that the excess quantum of finished goods that was sought to be subject to duty had already borne the burden of duty at the time of provisional release. Subsequent confiscation, and redemption thereof on such high fine, is not warranted in these circumstances. The excess stock was ordered to be confiscated under rule 25 of the Central Excise Rules, 2004 without identifying the specific charge leading to the confiscation. Admittedly, two of the returns, namely, for June 2015 and October 2015 had not been filed on time. The pendency of dispute does not in any way affect the responsibility of complying with the provisions of Central Excise Rules once the registration has been obtained. Having failed to do so, the penal consequences must follow - penalty for late filing of returns is reduced to ₹ 40,000/-. Appeal allowed in part.
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