9911796707
TMI Blog2006 (10) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... order in original that confirmed the demand, confiscated the goods and imposed penalties on the respondents. 2.The Commissioner (Appeals) has set aside the order in original by giving the following findings:- "The appeal is being taken up for final disposal after dispensing with pre-deposit of penalty. On careful consideration of the written and oral submissions made by the appellants, I find t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l without payment of duty. In this regard, I rely upon the case law Bhilai Conductors (P) Ltd v. CCE, Raipur 2000 (125) E.L.T. 781. Accordingly, I set side the order in so far as it relates to confiscation of the stock of 11,900 kgs of pan masala. In view of the fact that demand/confiscation has been set aside, the penalty imposed under Section 11AC and Rule 173-Q and also the redemption fine doe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t indicated on the pouch. 4.The learned Advocate appearing for the appellants submits that on 3-8-99, they had sent retraction of the statement to the Deputy Commissioner of Central Excise in the following words:- "We strongly deny removal of any goods without payment of duty, therefore, payment of Rs. 61,200/- made by us may be treated as payment under protest which may please be noted. " It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther essentials to come into existence. From the panchnama, it is not very clear that these materials were found short by the officers. In the absence of any contrary evidence indicating shortage of other ingredients, allegation of clandestine removal based only shortage of one raw material and one packing material, in itself would not be a correct proposition, in law. 6.As regards the confiscati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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