2018 (1) TMI 1085
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....Bentex Control & Switchgear Co. is a manufacturer of electrical motors, control switches and MCBs and distribution boards, electrical fan etc. The search was conducted at the factory premises of M/s Bentex Control & Switchgear Co. wherein raw material, semi finished goods, finished goods found unaccounted in their books of accounts and it was also found that they involved in the activity of clandestine removal of goods, therefore, search was conducted at the end of the co-appellants. All the appellants admitted that they have received goods without duty paying documents clandestinely. Accordingly, duty was paid alongwith interest and 25% penalty was also paid by M/s Bentex Control & Switchgear Co. But the same was settled. In the impugned p....
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..... AR submits that in the case of K.K. Polycolor India Ltd. Vs. CCE, Haldia -2013 (290) ELT 81 (Tri. Kolkata) held that finished goods found unaccounted are liable for confiscation. Therefore, the impugned order is to be upheld. 5. Heard the parties considered the submissions. 6. On careful consideration of the submissions made by both the sides, I find that it is a case of imposing redemption fine on the goods seized during the course of investigation. I find in the case of M/s Bentex Control & Switchgear Co. raw material and semi-finished goods were also held for confiscation. I have gone through the provisions of Rule 25 of Central Excise Rules, 2002. The same are applicable to the goods manufactured by the appellant. Admittedly, raw ma....
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....hat not recorded in the statutory record goods were held for confiscation which this Tribunal has set aside as on the said goods the appellant paid duty. In this case, the modus operandi of M/s Bentex Control & Switchgear Co. is clear they were not in the habit to enter the finished goods in their statutory record and clearing the same without payment of duty. Therefore, the finished goods found unaccounted in the statutory record during the course of search are liable for confiscation in terms of the decision of the Tribunal in the case of K.K. Polycolor India Ltd. (supra). 8. Further, I find that the co-appellant have received the goods on which no duty has been paid at the time of clearance. Therefore, the same are rightly confiscated i....