TMI Blog2012 (12) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... f duty, have not extended any option to the appellant to pay the entire dues along with 25% of penalty within a period of 30 days from the date of passing of order, in which case penalty shall stand reduced to 25% in terms of proviso to Section 11AC. further in terms of Gujarat High Court decision in the case of CCE, Surat I vs. Harish Silk Mills [2010 (2) TMI 494 - GUJARAT HIGH COURT], such option can be given at the appellate stage - option to the appellant is extended and if they deposit entire dues along with 25% of penalty, within a period of 30 days from the receipt of present order, the penalty shall stand reduced to 25% - such option is now extended to appellant. - Excise Appeal No. 1110 of 2010 SM - - - Dated:- 9-11-2012 - M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made either in the raw material register or RG I register since 1.7.08 onwards. 3. Shri Sitaram Yadav, driver of the truck in his on the spot statement admitted that goods were loaded in the tractor standing in front of the unit but no documents were given to him. On the said basis, the officers seized the intercepted goods in proper documentation. 4. On 9.7.08, the officers again visited the factory premises and conducted various checks and verifications. On physical examination of the finished goods, 60500 Kgs of steel wire of non-alloy steel having transaction value of Rs.27,74,530/- and involving the Central Excise duty of Rs.4,00,087/- was found short than the recorded balance. Shri Rajendra Kumar Sharma, authorised signatory acce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shree Shyam Steels. As such, it stands fairly held by authorities below that the said goods were issued without any documents and are liable to confiscation. The redemption fine of Rs.16,000/- imposed by authorities below is not much on the higher side. I find no reason to interfere in the same. 7. As regards confirmation of demand of Rs.4,00,087/-, it is seen that same is on the short found finished product. The said shortages stand admitted by Shri Rajendra Kumar Sharma in his on the spot statement recorded on 9.7.08. Not only that he has also deposed that the shortages are on account of clandestine clearance of the goods. The appellants contention that acceptance of shortages cannot lead to inevitable conclusion of clandestine removal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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