9911796707
TMI Blog2007 (4) TMI 414X X X X Extracts X X X X X X X X Extracts X X X X ..... . [Order]. - Being aggrieved with the order passed by Commissioner (Appeals), Revenue has preferred the present appeal. The respondent is a registered 100% EOU, engaged in the manufacture of polyester texturised dyed yarn. 2. During physical verification of the stock of goods lying in their factory premises on 13-2-2003 and on further verification, certain discrepancies were noticed as un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) i.e. total 15,379.58 Kgs. was found to be not properly accounted in the Daily Stock Account Register. No separate account was maintained for the two products - Polyester Texturised/Polyester Dyed Yarn. 3. Show cause notice dated 6-5-03 was issued for confiscating the said goods under Rule 25 of Central Excise Rules, 2002/Section 111 of the Customs Act, 1962/Provisions of Regulation 4 & 9 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, Commissioner (Appeals) set aside the same on the ground that non-maintenance of proper record, in absence of positive evidence of clandestine clearance could only be considered a procedural mistake. The entire goods were seized within the factory premises and as such, condition of removal of goods has not been fulfilled so as to confirm the duty. 6. In respect of the some quantities of y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the department of any intention on the part of the assessee to violate the provisions of the notification and in-as-much the goods were still within the bonded premises, their confiscation cannot be upheld. To the same effect was his finding in respect of quantities of POY and texturised dyed yarn. 7. As against above, the Revenue has reiterated that assessee being a 100% EOU was bound by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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