2011 (3) TMI 1343

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....terials kept in the factory. Shortages as given in the table below was noticed.   S.No. Name of the Commodity Stock as per stock Register (in KL) Stock on physical verification (in KL) vide Ann. A & Calibration Chart Difference (in KL) Value Duty with BED @ 16% Education Cess @ 2% and Sec & Higher Education Cess @ 1% Total Duty   1. OCS 47.640 44,383 (-) 3,257 84,682 13,956 31,003   2. OCS(P) 16,610 16,322 (-)0.288 7,488 1,234   3. ICS(III) 19.850 14,206 (-)5.644 95,948 15,813   4. NAPTHA (input) 0.0 94,192 (+94,192 17,39,851 2,86,727   2,95,278   5. PENTANE   (input) 66.505 69,433 (+)2,928 51,887 8,551   2. After investigation, a case made out that respondent compan....

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....ule 25(b) and 25(d) of Central Excise Rules, 2002 and the goods are rightly confiscated by the original authority. In the matter of penalty imposed, the ld. DR argues that as per Rule 25 read with Rule 11AC penalty equivalent to the duty evaded should have been imposed and the appellate authority had no discretion to reduce the duty.   5. The ld. Advocate for the respondent submits that the excess of raw material found was on account of the fact that the person dealing with excise record was on leave for two days and they had no intention to evade payment of duty. In the matter of penalty under Rule 25 she refers to the decision of CCE Vs. Rama Wood Craft (P) Ltd. reported in 2008 (225) ELT 348, where it has been decided that the pe....