9911796707
TMI Blog2014 (8) TMI 915X X X X Extracts X X X X X X X X Extracts X X X X ..... r MANMOHAN SINGH: Shri Rajkumar, Chartered Accountant appeared on behalf of the appellant and Shri B.B. Sharma, appeared for the department. 2. This appeal has been filed by the appellant against the Order-in-Appeal No.366-CE/LKO/2012 dt.21.8.2012 passed by the Commissioner (Appeals) wherein redemption fine imposed on the appellant M/s.Shree Bankey Behari Concast Pvt. Ltd. was reduced to 10% of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lent to the duty is on higher side should be reduced taking into consideration the totality of facts and circumstances of the case. 4. Regarding confiscation of goods, ld. Chartrered accountant pointed out a judgment of Single Member in the case of Eurasia Marbles Pvt. Ltd. vs. CCE, Jaipur-2011 (268) ELT 284 (Tri.-Del.) wherein it was held that non accountal of goods in absence of evidence of evi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of Shri Anupam Maheshwari, director of the company was recorded wherein he was not able to explain about abnormal excess stock 70.375 MT of ingots. He admitted the excess stock and tried to put blame on Supervisor for not properly accounting the stock. 6. Heard both sides and examined the records. 7. On perusal of the judgement rendered in the case of Eurasia Marbles Pvt. Ltd., referred to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not properly recorded in the accounts, violations are clearly noted which point finger towards non-accountal with intent to clear later on. However, since goods were within factory, means rea manifesting that goods were ready for clandestine removal has not been reached the stage, accordingly, I find force in his contention that this is not the case of imposition of equivalent penalty under sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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