1999 (2) TMI 617

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....are supplying final products mainly to Government buyers i.e. Public Sector Undertakings like ONGC, IOL etc. Since they manufactured tailor made items, they manufacture the goods only as per the drawing and design supplied by the customer. Their final product being a sensitive item, almost in all cases the customer inspects the goods before taking the delivery. Therefore, even after manufacture only after inspection they used to enter the same in the RG 1. This practice was being followed since the inception of the company and the local officers who used to visit the factory from time to time never objected to this system. But before entry of the said goods in the RG 1 register they always had them entered in the production record which was....

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....d not find any evidence to prove the allegation of the deptt. that the goods were lying there for clandestine removal. The Commissioner (A) has referred to various decisions of the CEGAT on the issue that mere non-entry in RG 1 may not be treated as sufficient to confiscate the goods. 5. Ld D.R. reiterated the department's view and emphasised that admittedly the goods had been manufactured but not entered in RG 1 and it was the department's contention that in such cases fine and penalty could be imposed as has been held in a series of judgments listed below. These clearly lay that accounting of excisable goods is to be done according to the prescribed procedure. Any non-entry is non-accounting and it attracts confiscation and penalt....