TMI Blog2016 (9) TMI 421X X X X Extracts X X X X X X X X Extracts X X X X ..... would not be proper to consider this unaccounted stock as intended to be removed without payment of duty. Hence, we set-aside the confiscation of the seized goods valued at ₹ 35,730/-. Packing material and perfumery items totally valued at ₹ 10,41,892/- has been seized from the resident of Sh. Varun Gupta, Partner of the appellant, for the reason that these goods have not been accounted in the statutory records. Various quantity of gutka have also been seized from the godown of dealers/ traders under the belief that these goods have been cleared clandestinely without payment of duty from the factory of the appellant. Inasmuch as the entire proceedings initiated by the Revenue separately to establish clandestine clearance and d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r traders and depot premises situated in different parts of Karnataka under the belief that these goods were cleared from the factory of the appellant clandestinely without payment of duty. Show cause notice dated 21.03.2005 was issued to the appellant as well as other persons from whom seizure was effected in which a sum of ₹ 4,25,266/- was demanded from the appellant as duty payable on excisable goods seized in the factory premises and in the depot and godown premises of various traders. Penalties were also proposed to be imposed. This show cause notice was decided by the original authority vide order dated 21.07.2007 in which the demands were confirmed, seized goods were confiscated and penalties were imposed. The same was uph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nufacture and removal of goods is not sustainable since the investigation conducted by the Revenue is not proper. Ld. DR on the other hand reiterates the findings of the authorities below. 5. We note that in the present proceedings, goods totally valued at ₹ 35,730/- was seized within the factory premises of the appellant as the same was found to be in excess of the stock recorded in the daily stock account. The appellants contention is that, the finished goods found lying in the factory in excess of the stock recorded in the daily stock account were packed on the day of visit of the Officers and were to be entered in the books at the end of the day as per the normal business practice. The authorities below have declined to en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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