2001 (1) TMI 681

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..... ent. [Order per : S.L. Peeran, Member (J)]. -  The appeal has been filed by the Revenue against the Order-in-Appeal No. 327/95, dated 19-9-1995 setting aside the order of confiscation of grey cloth valued at Rs. 6,48,000/- and imposition of penalty of Rs. 1,00,000/-. The Commissioner (Appeals) has reduced the penalty to Rs. 25,000/-. The Revenue is aggrieved with the said order. The assess .....

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..... restoration of Order-in-Original, while the learned Consultant submits that the grey cloth received inside the factory was supported by transport documents and they had no intention to evade any duty, as grey cloth was exempted from duty. All bales were packed and they had informed the department next day and there was a delay in producing the documents and also in recording the details in R.G. 1 .....

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..... it was only a minor discrepancy in maintenance of accounts, he reduced the penalty amount to Rs. 25,000/-. We notice that for the purpose of non-maintenance of accounts and proper entries in R.G.1 register, Rule 226 lays down maximum penalty of Rs. 2,000/-. This view has been expressed by the above cited judgment. Therefore, the view taken by the Commissioner to set aside the confiscation of fine .....

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