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2018 (1) TMI 918 - AT - Central ExciseClandestine removal - excesses of stock - 132 MT of Bloom/Billet - non-accountal of stock in the records - 1158 MT of angles, channels, joist and other goods - Held that: - the quantity of 132 MT is roughly one day’s production and the explanation is that this would have been accounted but for the relevant documents being withdrawn by the officers - non accountal of this quantity of finished goods can be condemned in the light of the explanation offered by the appellant. In any case, goods were found within the factory and consequently, the confiscation of this quantity of finished products is not justified and hence set aside. As regards angles, channels, joist and other goods (totaling to 1158 MT), the explanation offered by the appellant is that they had installed new machineries in the rolling mills and these goods were produced in the trial run during May 2012 - Held that - There is nothing on record to support the argument that such goods were manufactured in trial run and did not meet the necessary specifications - In the present case, this quantity of finished goods have been manufactured but not accounted in the statutory records. Consequently, the goods are liable for confiscation and appellant will be liable for penalty in terms of Rule 25 of the Central Excise Rules. In the result, confiscation is upheld. Keeping in mind the doctrine of equity, fairness and good conscience, the redemption fine and penalty imposed merits reduction - appeal allowed in part.
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