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2016 (12) TMI 435 - AT - Central ExciseConfiscation of goods - imposition of penalty - Clandestine removal - Held that: - the fact that the present show cause notice is a separate stem from the same investigation and also the fact that the same goods are involved, cannot be disregarded in toto, as the liability to pay duty on the excess quantity of goods has been settled. The appellant has not been able to give any explanation for the non-accountal of excess quantity of goods. The only contention raised is that the PVC pipes were of different varieties and they were stacked up together. This contention is not tenable, as the appellants are bound to maintain proper accounts of the finished stock. Further, Rule 173(Q) of erstwhile Central Excise Rules 1944 empowers confiscation of goods for not making proper entry / not accounting the goods. Again, Shri L Mohan Kumar, Managing Director of appellant, inter alia has stated that no further manufacturing is to be done on the goods seized. Therefore, I do not find any ground to interfere with the confiscation of goods. Penalty - Held that: - The facts of the case evidence contravention of the provisions of Central Excise Acts and Rules. The adjudicating authority has imposed penalty of ₹ 12,92,749/- which is equal to the duty amount settled by appellant before the Hon’ble Settlement Commission and therefore, the said penalty requires no interference. The penalty of ₹ 3,00,296/- is seen imposed under 173Q r/w 226 of Central Excise Rules, 1944, which is penalty imposed at the then prevailing rate of 25% on the redemption fine, which according to me is as per law, just and reasonable. Appeal dismissed - decided against appellant-assessee.
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