2015 (2) TMI 1053

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....Addl. Commissioner (AR) ORDER Per: Ashok Jindal: The appellants are in appeals against the impugned order for confirming the redemption fine under Rule 25 and imposition of penalty on co-appellant under Rule 26 of the Central Excise Rules, 2002. 2. Brief facts of the case are that an investigation was conducted in the factory of the appellant in July 2007 and it was revealed that the a....

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.... Rules, 2002 was also imposed on the co-appellant. Aggrieved by the said order, the appellants are before me. 3. Heard both sides. 4. The contention of the learned Counsel is that neither the goods were available nor the goods were cleared under any bond therefore, as held by the Larger Bench of this Tribunal in the case of Shiv Kripa Ispat Pvt. Ltd. vs. CCE - 2009 (235) ELT 623 (Tri.LB), re....

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.... Ltd. (supra) wherein it was held that when goods neither available for confiscation nor cleared under bond/undertaking, redemption fine is not imposable. Admittedly, in this case neither the goods were available nor the goods were cleared under any bond therefore, redemption fine is not imposable. In this term, the order of imposition of redemption fine is set aside. 7.1 Further I find that as....