TMI Blog2016 (11) TMI 920X X X X Extracts X X X X X X X X Extracts X X X X ..... unted in the statutory records by the appellant. But the Revenue has not come with any positive evidence that the said goods are meant for clandestine clearance by the appellant. In that circumstances, goods cannot be confiscated. As these goods are meant for clearance to M/s. Giovani Fashions Ltd. and for export. Further, it is also an evidence on the records that at the end of M/s. Giovani Fashi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emises of the appellant. During the search, certain records were resumed. Later on, 1-10-2010 the Jurisdictional Commissionerate again conducted a search on the factory premises of the appellant and found that goods worth ₹ 67,14,383/- were lying in their factory meant for DTA clearances and goods worth ₹ 6,03,300/- were found unaccounted in the statutory records meant for export. As t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir statutory records. Consequently, the redemption fine of ₹ 2 lac was imposed and penalty of ₹ 3 lac also imposed on the appellant. Aggrieved from the said order, the appellant is before me. 3. The ld. counsel appearing on behalf of the appellant submits that as there was a search conducted on 20-8-2010 and the records were resumed by DGCEI, therefore, they could not enter the good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ositive evidence that the said goods are meant for clandestine clearance by the appellant. In that circumstances, goods cannot be confiscated. As these goods are meant for clearance to M/s. Giovani Fashions Ltd. and for export. Further, it is also an evidence on the records that at the end of M/s. Giovani Fashions Ltd. during search nothing incriminating was found. In that circumstances, without a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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