2004 (3) TMI 483

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....un Chopra, JDR, for the Respondent. [Order]. - The brief facts of the case are that M/s. Varsha Engineers are the manufacturers of distribution transformers. Adjacent to their factory, premises of M/s. Jaimini Industries are located. During the visit to the premises of M/s. Jaimini Industries, Central Excise Officers found 24 distribution transformers of different rating/capacity. The said t....

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.... viz., M/s. Jaimini Industries and M/s. Varsha Engineers asking them to show cause as to why these transformers should not be confiscated under Rule 173Q(1) of the Central Excise Rules, 1944, and why penalty should not be imposed on both under Rule 173Q(1)(d) and Rule 209A why the land, building, etc., should not be confiscated. 2. The Assistant Collector confiscated twenty-four transforme....

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....re found in the premises of M/s. Jaimini Industries. M/s. Jaimini Industries do not manufacture the transformers. They are engaged in the manufacture of paper coated wires. The show cause notice nowhere indicated the exact provisions of Central Excise Rules which have been violated by M/s. Jaimini Industries in the process of stocking of transformers in their factory on behalf of M/s. Varsha Engin....

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....t, the goods have not been received in their premises. Therefore, their appeal has to be allowed. 7. So far as M/s. Jaimini Industries is concerned, I cannot see any contravention on their part. The restriction for re-entry applies only to those goods, which the manufacturer is manufacturing. In this case, M/s. Jaimini Industries are manufacturing wires and not the transformers. In fact th....