TaxTMI 
TaxTMI 
2018 (1) TMI 689
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....hana Wadhwa The appellant is engaged in manufacture of flats out of ingots. There factory was visited by the officers on 26.08.2008, who conducted the various search and verifications. As a result of stock taking, the ingots as also MS Flats were found in excess than the recorded balance in RG-1 statements. The statement of the appellants authorized representa....
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....held the confiscation but reduced the redemption fine and penalty to Rs. 7,50,000/- and to Rs. 5,00,000/- respectively. The said part of the order is appealed by the Revenue whereas assessee is in appeal against the order of confiscation and imposition of penalty. 3. The contention of the learned advocate is that even if there were excesses, which according to them were not real, the confiscation....
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....nd that apart from the fact that there were excess of goods in the assessee's factory, which in any case is being assailed by the assessee, I note that there is virtually no other evidence to show that such excess production was not recorded in RG-1 register with a madafide intention to clear the same without payment of duty. Tribunal in the case of Jitendra Agarwal & Kay Cee Electricals Vs. Commi....
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.... as also in the case of A. Kumar Industries Vs. Commissioner : 2010 (261) E.L.T. 486 (Tri.). Reliance was also made to Honble Punjab & Haryana High Court decision in the case of Commissioner of Central Excise Vs. AAR KAY Industries : 2015 (319) E.L.T. 263 (Punjab & Haryana) wherein setting aside of penalty by the Tribunal in respect of the goods which were still lying in the factory premises and ....