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2018 (5) TMI 913 - AT - Central ExciseClandestine removal - finished goods and raw material not found entered in the records - Confiscation of finished goods and raw material - Held that: - the law is settled that the raw material cannot be confiscated on the ground of their non-entry in the records, especially when no Modvat credit stand availed in respect of such raw materials. Also, there is nothing on record to suggest that non-entry of the final product in the records was with a malafide intention. In such a scenario, confiscation of the goods or imposition of penalties upon the appellant was neither justified nor warranted - However, it is made clear that the appellant would pay the duty in respect of the said seized goods (if not already paid), at the time of their clearance. Cash recovered from the premises of M/s Naveen Impex - Held that: - there was no allegation in the show cause notice in respect of the Indian currency being the sale proceeds of the smuggled or clandestinely removed items - decided in favor of assessee. Appeal allowed - decided in favor of assessee.
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