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2016 (11) TMI 920 - CESTAT CHANDIGARH

2016 (11) TMI 920 - CESTAT CHANDIGARH - 2016 (339) E.L.T. 259 (Tri. - Chan.) - Confiscation of goods - imposition of redemption fine and penalty - Clandestine removal - non-accountal in their statutory records - Held that: - It is a evidence on records that on 1-10-2010, the search was conducted and seized goods were not accounted 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 appel .....

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equently, the redemption fine and penalty are not imposable on the appellant - appeal allowed. - E/52502/2015-EX(SM) - Final Order No. 229/2016-CHD - Dated:- 17-3-2016 - Shri Ashok Jindal, Member (J) Shri S.S. Dabas, Advocate, for the Appellant. Shri M.R. Sharma, AR, for the Respondent. ORDER The appellant is in appeal against the impugned order for imposing of redemption fine and penalty against the appellant. 2. The facts of the case are that on 20-8-2010 a search was conducted at the fac .....

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Fashions Ltd., were also searched wherein finished goods worth of ₹ 49,90,127/- were seized which were manufactured by the appellant and sent to M/s. Giovani Fashions Ltd. Later on, a show cause notice was issued to the appellant as well as M/s. Giovani Fashions Ltd. for confiscation of the seized goods and to demand duty thereon and to impose penalty on the appellant as well as M/s. Giovani Fashions Ltd. The show cause notice was adjudicated. Nothing adverse was found against M/s. Giovani .....

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