2010 (7) TMI 347

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....emption fine on Truck No. MP-04 K-5259 from Rs. 1,00000/-to Rs. 25,000/-. (c)     Set aside the confiscation of Hologram machine. (d)    Reduced the penalty under Rule 25 of the Central Excise Rules, 2002 on all from Rs. 1,00000/- to Rs. 25,000/-. Aggrieved from the said order Revenue filed an appeal against the reduction of redemption fine, penalty and setting aside the confiscation of Hologram Machine. 2. On the other hand, the assessee (M/s. ALL) filed the appeal on confiscation of flexible printed laminated films and truck and penalty. 3. Brief facts of the case that acting upon the intelligence, the search operation was conducted on 18-8-2003 at 11.a.m. by the officers in th....

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....L and the Revenue) filed the appeals. 4.The learned Advocate submits that as per panchanama, the search took place on 18-8-2003 at about 11 a.m. and seized a truck which was found loaded with finished goods for which no Central Excise invoice on any other document was prepared. They also found that in the daily stock account there was no stock of finished goods. On the basis that there was no stock of finished goods, it was alleged that M/s. ALL is trying to remove the goods without entering the same in the statutory record and without duty paying invoice. The learned Advocated contended that the premises were raided it at the time of loading of the goods on the truck and the goods were not removed from the factory at all. Hence, there i....

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....other hand, Shri S.M. Vaidya DR submitted that there was nil opening stock on 18-8-2003 and at the time of visit, a truck loaded with the finished goods was found in the factory which was above to leave without any Central Excise invoice or duty paying documents which amounts to clandestine removal of the goods. Moreover, the Hologram machine which was found in the factory of the appellant was also not having any duty paid document. Hence, setting aside the confiscation of Hologram machine and reducing the redemption fine on flexible printed laminated films and the truck are not justified. Penalties also to be imposed on the M/s. ALL to Rs. 1,00,000/-. 6.Heard both sides. 7. On careful examination of the submissions made by both....