https://www.taxtmi.com/caselaws?id=446790 CESTAT New Delhi set aside confiscation, redemption fine, and penalties imposed on appellants for excess MS ingots and angles found without statutory record entries. The tribunal held that mere violation of Central Excise Rule 10 and improper accounting does not establish deliberate intent for clandestine removal without corroborative evidence. Department failed to prove suppression or collusion with intent to evade duty beyond finding unrecorded stock. Penalty under Rule 25(1) could not be sustained absent evidence of actual evasion or abetment. Personal penalty on employee appellant was also set aside as no benefit to employee was established. Appeal allowed. en-us Fri, 08 Dec 2023 00:00:00 +0530 Mon, 11 Dec 2023 17:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446790 CESTAT New Delhi set aside confiscation, redemption fine, and penalties imposed on appellants for excess MS ingots and angles found without statutory record entries. The tribunal held that mere violation of Central Excise Rule 10 and improper accounting does not establish deliberate intent for clandestine removal without corroborative evidence. Department failed to prove suppression or collusion with intent to evade duty beyond finding unrecorded stock. Penalty under Rule 25(1) could not be sustained absent evidence of actual evasion or abetment. Personal penalty on employee appellant was also set aside as no benefit to employee was established. Appeal allowed. Case-Laws Central Excise Fri, 08 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446790