2007 (8) TMI 168

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of the Commissioner (Appeals) made on 28-7-2005 setting aside the order of under Rule 25 of the Central Excise Rules, 2002 with an option to redeem the goods on payment of redemption fine of Rs. 1,00,000/-, and imposing penalty of Rs. 55,476/- on the respondent under Rule 26 of the Central Excise Rules, 2002. 2.The respondent was engaged in processing/dyeing grey fabrics and processing of knitt....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cording to the respondent, the partner Mr. Sunil Kumar who was present when the officers visited the premises, was ignorant about the acquisition of the said stock. On the return of the other partner Atul Kumar, who was out of station, the officers were explained the matter and the relevant bills showing purchase of 1620 Kgs. of the yarn from M/s. R.S. Narang Hosiery and 2400 Kgs. of yarn from M/s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....to the decisions of the Tribunal in Gulab Chand Silk Mills v. CCE, Hyderabad, reported in 2002 (49) RLT 211 (Tribunal) and CCE v. Ajmer Foods Industries, reported in 2004 (60) RLT 297, for holding that unaccounted raw material was not liable to be confiscated. He, therefore, set aside the order of the adjudicating authority. 6.It appears from the record that excess raw material was noticed by t....