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2008 (8) TMI 696

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....vocate, for the Appellant. Dr. M.K. Rajak, SDR, for the Respondent. [Order per : B.S.V. Murthy, Member (T)]. -  In this case the Departmental officers found excess of non-duty paid unaccounted raw materials viz. Copper bars/rods, Copper scrap and unaccounted finished goods such as Copper hot rods/strips etc. approximately valued at Rs. 2.4 crores. After adjudication by the original A....

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....on payment of duty and therefore the Department had found the same unaccounted. As regards the remaining raw material, he submits that no Cenvat credit has been taken on the same and therefore failure to maintain proper account should not have been taken seriously. He also drew the attention of the Tribunal to the observations of the Commissioner (Appeals) in his order "This appears to be more a c....

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....bunal in CCE, Vapi v. Modison Ltd. [2006 (203) E.L.T. 521 (Tri. - LB)]. He also opposes further reduction in penalty and redemption fine in view of the fact that the value of the seized goods and raw materials is very high and redemption fine and penalty already reduced by the Commissioner (Appeals) is sufficient. 4. Having regard to the fact that it is admittedly a failure to maintain pro....