2010 (8) TMI 769

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Shri Anil Khanna, SDR, for the Respondent. [Order]. -  After hearing both the sides for a while on the stay petition, considering the nature of dispute involved, I deem it appropriate to waive the pre-deposit and take up the appeal itself for final disposal. 2. When the officers visited the factory premises on 15-11-2008, they found tempo loaded with mixed scrap (SS and MS scrap....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....filed the appeal before the Commissioner (Appeals) for enhancement of Redemption fine on both the goods and vehicle and also for enhancement of penalty. The Commissioner (Appeals) enhanced the redemption fine from Rs. 8,000/- to Rs. 60,000/- on the goods confiscated and enhanced the penalty from Rs. 10,000/ to Rs. 18,000/- (He also enhanced the redemption fine imposed on the vehicle from Rs. 2,000....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....des. It is not the case of the department that the goods were intercepted at any significant distance from the factory. The entire sequence of the events in the case clearly indicate that the appellants were not having weighing facility and the empty vehicle was earlier sent for weighment to Dharam Kanta and apparently after loading it was waiting at the factory gate as revealed in the order of th....