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TMI Blog2017 (9) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... igation to have been on 19.12.2012 loaded in a truck while intercepted, the goods were not supported by duty paying documents. As a result of which, not only truck was seized but also the goods were seized and learned adjudicating authority without noting the gravity of the matter was so lenient to hold that levy of penalty of Rs. 5000/- is justified without examining the ingredients of Rule 25 of Central Excise Rules, 2002 read with the governing provisions of Section 11AC of the Central Excise Act, 1944. The authority misconceived law holding that appellant having discharged duty with interest need not be penalized under Rule 25 for no good reason stated by her except misconstruing the ratio of the judgment of the Hon'ble High Court o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision of the Hon'ble High Court of Gujarat in the case of Commissioner of Central Excise & Customs Vs. Saurashtra Cement Ltd. - 2010 (260) ELT 71 (Guj) to claim immunity from penalty. 5. It may be stated that adjudicating authority without appreciation of law relating penalty and ingredient of Rule 25, made the respondent to avail undue advantage of the judgment of the Hon'ble High Court. In the present case, burden of duty has not been wilfully discharged by the respondent. Therefore, a thorough examination of facts and evidence shall lead to proper conclusion by learned adjudicating authority. 6. It may be appreciated that hardship and loss of benefit to an assessee is not relevant consideration in fiscal jurisprudence as has been held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fabrics are subjected to the processes like bleaching, dyeing and printing etc. by independent processors, whether on their own account or on job charges basis, the value of the purposes of assessment under Section 4 of the Central Excise Act will not be the processing charges alone but the intrinsic value of the processed fabrics which is the price at which such fabrics are sold for the first time in the wholesale market. That is the effect of Section 4 of the Act. The value would naturally include the value of grey fabrics supplied to the independent processors for the processing. However, excise duty, if any, paid on the grey fabrics will be given proforma credit to the independent processors to be utilised for the payment on the process ..... X X X X Extracts X X X X X X X X Extracts X X X X
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