2018 (6) TMI 318

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.... found to be in possession of 8550 linear meters of 'gray fabric' and 20367 linear meters of 'semi-finished fabric' that were not accounted for in their registers. 2. According to the appellant, there is no provision for confiscation of goods save when removed clandestinely and that the allegation of non-accountal is baseless as only finished products are required to be detailed in the appropriate register. It is also contended that the original authority had confiscated the goods and imposed penalty without placing them on notice or hearing them. 3. Heard Learned Counsel for appellant and Learned Authorized Representative. Learned Counsel drew attention to the provisions of Central Excise Rules, 2002 mandating maintenance of records and ....

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....dmittedly, the appellants had not maintained the records properly though there may not be any intention on their part to clear the same clandestinely. For non-maintenance of record, penalty under the provision of Rule 25 is imposable. I, accordingly, reduce the penalty under the said provision on M/s. Camex Intermediates Ltd. to Rs. 2,000/- (Rupees two thousand only). Penalty on the Director is, however, set aside.' and in Unimark Remedies Ltd v. Commissioner of Central Excise, Vapi [2006 (204) ELT 49 (Tri-Mumbai)] holding that '5. In respect of excess found finished goods, the appellant have contended that the goods being chemical, were to undergo a test and were to be entered in RG-1 register only thereafter. I note that there is no ev....

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....Representative, chapter 6 of the Manual of Supplementary Instructions of Central Board of Excise & Customs requires that '2.2 Records shall mean all the records prepared or maintained by the assessee for accounting of transactions in regard to receipt, purchase, manufacture, storage, sales or delivery of the goods including inputs and capital goods. All accounts, agreements, invoice, price-list, return, statement or any other source document, whether in writing or in any other form shall be treated as records. Source documents are those documents which form the basis of accounting of transactions and include sales invoice, purchase invoice, journal voucher, delivery challan and debit or credit note.' of which there has been breached lead....