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2009 (8) TMI 603 - CESTAT, NEW DELHIConfiscation- Excess goods- The respondents are engaged in the manufacture of Steel Ingots classifiable under Heading 7206.90 of the Schedule to the Central Excise Tariff Act, 1985. The said officers ascertained excess stock of 15.420 MT. of Steel Ingots involving central excise duty of Rs.36,475/-. Representative of the respondent-company failed to explain the reason for excess quantity. The original authority confiscated the excess quantity, and imposed redemption fine of Rs.50,000/- and penalty of Rs.10,000/- on respondent No. I and penalty of Es. 5,000/- on Shri Vinay Bansal, Director, respondent No. 2 herein. Commissioner (Appeals) modified the adjudication order insofar as confiscation and imposition of redemption fine on respondent No. I were set aside and penalty was reduced to Rs. 5,000/-. Penalty on respondent No. 2 also set aside. Hence, Revenue filed these appeals. Held that- , Commissioner (Appeals) after considering the facts and circumstances of the case observed that when the inputs contained in final products have been duly accounted for, there is no question of removal of excess goods clandestinely. In view of the above discussion, I do not find any reason to interfere with the order of the Commissioner (Appeals). Accordingly, appeals filed by the Revenue are rejected.
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