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M/s Mahadev Steel Industries Versus CCE, Chandigarh - I

2016 (7) TMI 84 - CESTAT CHANDIGARH

Raw materials/inputs found in excess at the time of search - confiscation and consequently redemption fine and penalty - Held that:- As the issue has been settled that the inputs found in excess are not liable for confiscation, therefore, hold that t .....

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- CESTAT, MUMBAI ). In the circumstances, impose penalty of ₹ 5,000/- (Rupees Five Thousand) on the appellant for non accounting of raw materials in the statutory records. - With regard to the imposition of penalty on the partner Shri Nare .....

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Ashok Jindal, Member (Judicial) Present for the Appellant : Shri N. Bindal, Advocate Present of the Respondent : Shri K. Poddar, AR ORDER The appellant is in appeal against the impugned wherein the raw materials found excess at the time of search on .....

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e liable for confiscation and consequently redemption fine and penalty can be imposed on the assesse or not. 3. The said issue has come up before this Tribunal is the case of Unimark Remedies Ltd. vs. CCE, Vapi-2006 (204) ELT 49 (Tri. Mumbai) Wherein .....

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or non-maintenance of record can be imposed upon the appellant. In view of the explanation of the appellant that the said raw material was yet to be entered in the records and there is no time limit for doing so, I set aside the confiscation of the r .....

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nst this Tribunal has observed as under : - 6. So far as the confiscation of the inputs valued at ₹ 6,22,125/- is concerned, even if the same were not correctly accounted for in the appellant s record, there is no provision for confiscatio .....

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and imposition of penalty is not sustainable. In view of this, I hold that the confiscation of inputs for non-accounted and imposition of penalty on this count is not sustainable. 5. As the issue has been settled that the inputs found in excess are .....

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