9911796707
TMI Blog2011 (9) TMI 874X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant is engaged in the manufacture of C.I. Castings falling under CETH 73. During the visit of factory premises of the appellant on 16-1-2009, 10,106 Kgs. of C.I. Castings were found in excess as compared to the stock in the daily stock register. Further, certain papers were recovered which showed production and clearance of 16,240 Kgs. of C.I. Castings to M/s. Shree Yash Industries, Ahmedabad w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttracted only when the goods are removed from the factory. After provisionally released, the goods were taken into daily stock account and cleared on payment of duty. Therefore duty demand in the proceedings amounts to double taxation of the same goods and as already submitted no duty could have been demanded on the excess quantity found in the factory. I find myself in agreement with these argume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tled to refund of excess penalty paid by them which will be considered in accordance with law by the proper officer. 4. Further, the learned counsel also submitted that he is virtually making a mercy petition as regards redemption fine. He submitted that redemption fine of Rs. 96,100/- has been imposed. While admitting that according to Section 125 of Customs Act, 1962 made applicable to Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve and also the fact that appellants cooperated with the investigation, paid the duties involved and 25% of towards penalty as soon as the Order-in-Original was passed and overall approach in the case, I find that in this case a reduction in redemption fine is warranted. Accordingly, the redemption fine imposed is reduced to Rs. 35,000/-. The appeal is disposed of in the above manner with conseque ..... X X X X Extracts X X X X X X X X Extracts X X X X
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