9911796707
TMI Blog2003 (3) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... cers visited the factory premises of the appellants and found that the goods were being loaded by the appellants in a tempo parked in front of the gate of the factory. On enquiry, Shri Deepak Kumar, representative of the appellants who was supervising the loading at that time, revealed that the loaded goods were PVC compound. But no GP-I at that time in respect of those goods was prepared. Thereafter, physical stock verification was carried out and 8,780 kgs of PVC compound (including 3,600 kgs loaded in the tempo) valued at Rs. 3,08,160/- involving exeise duty of Rs. 86,011.20, was found in excess of the recorded stock. Besides this, 14,335.6 kgs of PVC resin and 2,068.735 kgs DOP, LS involving duty of Rs. 1,76,796.22 were also found short ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y beginning maintained that those goods had not attained the finished stage as testing as per ISI was required to be carried out in respect thereof. The entry in the relevant record was to be made only after the testing as without ISI testing, the goods could not be marketed. This stand of the appellants had not been controverted by the authorities below. Therefore, the same could not be ignored while ordering the confiscation of the goods and imposing redemption fine. The entry was to be made by the appellants only when the goods had attained the finished stage after the testing as per ISI and as such, the same could not be legally confiscated. 4. However, the goods weighing 3,600 kgs which were found loaded in the tempo parked at th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... produced out of the inputs which were found short in the stock. In other words, according to them, the inputs allegedly found short were utilised by them in the manufacture of the goods which were still lying in their factory premises awaiting the testing as per ISI. This plea of the appellants had not been considered at all. In my view, their plea deserves to be accepted when the goods were found in excess of the recorded stock in the factory premises, the same were produced by utilising the inputs (raw materials). It is not the case of the Revenue that for the excess goods found, some other raw material was utilised or that there was no co-relation between the raw material and the goods found in excess in the factory premises of the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
