TMI Blog2000 (11) TMI 486X X X X Extracts X X X X X X X X Extracts X X X X ..... filed this appeal against the findings of the ld. Commissioner (Appeals) confiscating the yarn found at the time of the visit of the officers and imposing penalty. 2. The facts of the case in brief are that Central Excise Officers on a visit to the factory premises of the appellant found yarn kept outside the bonded store room. Shri R.K. Agarwal, Sales Manager of the appellant s firm submitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... astic cones. After considering the various submissions made by the appellants and the evidence on record, the ld. Commissioner confiscated yarn and imposed the penalty. 3. Arguing the case for the appellant Shri K.K. Anand, ld. Counsel submits that in the instant case the goods at the time of seizure were not in ready marketable position. He submits that this position was confirmed by the Sales ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n keeping the goods outside the BSR. Ld. Counsel referred to Trade Notice No. 80/84, dated 28-12-1984 issued by Collectorate, Chandigarh in which it was clarified that yarn is to be entered in the R.G.1. account as soon as it has attained the form in which it is to be cleared from the factory. He submits that when this clarification is read in conjuction with the statement of the Sales Officer of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as not entered in the statutory records, therefore, penalty in the case was warranted. 5. On confiscation ld. DR submits that since the yarn was not entered in the statutory records, confiscation was also sustainable in law. He, therefore, prayed that the appeal may be rejected. 6. I have heard the arguments adduced by both the sides. The question for determination before me is whether confisc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ains that the yarn was not entered into the statutory record. Needless to say that the duty on yarn is required to be paid on signle ply yarn form. Even if the yarn was not in completely marketable condition, it should have been recorded in one of the columns meant for semi-finished goods in R.G.1. register since it is not there, therefore, penalty was warranted and is sustainable in law. In so fa ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
