2011 (10) TMI 68

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....s, brass circle 3608 kgs; semi-finished goods of brass circles 3583 kgs and brass gullies 1000 kgs; stock of raw material viz. copper scrap 133 kgs, brass scrap 417 kgs and zinc scrap 1362 kgs were found in excess of the recorded balance in RG-1 register and Form-IV register maintained by the appellants. Since the finished excisable goods were not accounted for in the statutory records, finished goods totally weighing 4550 kgs valued at Rs.4,41,000/- were placed under seizure. Unaccounted stock of raw materials totally weighing 1912 kgs valued at Rs.1,26,650/- were also detained and subsequently released on 5.4.99 and 3.5.99.  Certain records were withdrawn for further investigation.  During the course of investigation, it was rev....

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....ng brass sheets/circles and since the goods are classifiable under heading 'copper sheets/circles', the appellant is liable to pay duty.  He submits that Hon'ble Supreme Court has negated this view. Therefore, since the goods are exempted from payment of duty unconditionally, under this notification, question of payment of duty, imposition of penalty and maintaining of accounts does not arise. 4. We have considered the submissions made by ld.Counsel. Sr.No.207 of Notification No.5/1998 provides for exemption from payment of duty to all goods other than trimmed or untrimmed sheets or circles of copper, intended for use in the manufacture of utensils or handicrafts. There is a condition at Sr.No.30 which provides that exemption is not a....