2002 (5) TMI 383

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....DR, for the Respondent. [Order]. - This is an appeal filed by the appellant against the order dated 31-8-2000 passed by the Commissioner of Central Excise (Appeals), New Delhi. The issue relates to seizure of goods. The learned Advocate appearing on behalf of the appellant has submitted that the appellants were availing the benefit of small scale exemption notification and as per the small s....

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....n 2000 (125) E.L.T. 781 (T) = 2000 (91) ECR 569 and submitted that the Tribunal in this case has held that such unaccounted goods which are lying in the factory are not eligible for confiscation and no penalty can be imposed under Rule 173Q of the Central Excise Rules in the absence of any mens rea to evade payment of duty. He submitted that at the most, a penalty of Rs. 2,000/- can be imposed und....

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.... without payment of duty. He submitted that there is no rebuttal by the Department on the above submission. 2. Shri S.C. Pushkarna, learned JDR has appeared on behalf of the Revenue and he reiterated the findings of the lower authorities. He relied on the decision in the case of Perfect Industries reported in 2001 (129) E.L.T. 535 and Natco Pharma Ltd. reported in 2001 (136) E.L.T. 282 (T)....