9911796707
TMI Blog2011 (2) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... y of M/s. Flex Industries at Noida (the Assessee) was inspected by the Central Excise Department (the Department) on 19-1-1998. 2. In the inspection, certain quantity of inputs were found short as well as certain finished goods were found in excess of the recorded stock. 3. The Department issued a notice to the assessee for confiscation as well as penalty. 4. The adjudicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Excise Officer on physical verification? * Whether the Hon'ble Tribunal was justified ignoring the fact that there was no intention to evade duty when the only conclusion which could have been drawn under the circumstances as the inputs found short or physical verification were found duly accounted for and the applicant deposited the duty of their own immediately on detention of shortag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as excess of finished goods. So far as shortage of the inputs was concerned, the Assessee by its own volition reversed the input credit excise duty to the tune of Rs. 29,780.22. The remaining dispute was in regard to the redemption fine and penalty in respect of goods found in excess. 9. Rule 173Q provides confiscation and penalty on existence of the conditions mentioned in the different ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as excess finished goods were not of a day. It was not the case where the registers were not updated merely because of clerical or any other reasonable explanation. It is in view of this, the authorities below have rightly held that there was violation of Rule 173Q. 13. There is no illegality in the finding. In view of above, all the questions are decided against the Assessee and in favour ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
