https://www.taxtmi.com/caselaws?id=52245 Mere non-accountal of finished goods and raw materials found in a factory, without evidence of intended clandestine removal or mala fides, was treated as insufficient to justify confiscation under the excise penal framework, and the confiscation was set aside. By contrast, a shortage of prime grade HDPE granules supported by physical verification, internal records, representative statements and later deposit of duty was held sufficient to sustain the duty demand. On penalty, the Tribunal noted that the cited provision was inapplicable for the relevant period, but upheld penal action under the applicable excise framework while reducing the quantum to Rs. 3 lakh in view of the circumstances. en-us Tue, 17 Jun 2003 00:00:00 +0530 Mon, 04 Oct 2010 13:35:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=52245 Mere non-accountal of finished goods and raw materials found in a factory, without evidence of intended clandestine removal or mala fides, was treated as insufficient to justify confiscation under the excise penal framework, and the confiscation was set aside. By contrast, a shortage of prime grade HDPE granules supported by physical verification, internal records, representative statements and later deposit of duty was held sufficient to sustain the duty demand. On penalty, the Tribunal noted that the cited provision was inapplicable for the relevant period, but upheld penal action under the applicable excise framework while reducing the quantum to Rs. 3 lakh in view of the circumstances. Case-Laws Central Excise Tue, 17 Jun 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=52245