2018 (11) TMI 674

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....sioner (AR), for Revenue Shri Ashish Kumar Shukla (Adv.) for Assessee ORDER Per: Archana Wadhwa As per facts on record, the appellant's factory, who is engaged in the manufacture of Steel Ingots and Runner & Riscer, M.S. Scrap, M.S. Bars etc. was visited by the Central Excise Officers on 05.11.2004. During the course of search, shortages of certain raw materials were detected. Similarl....

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....t finished goods are not liable for confiscation but the shortages of the raw material were held to be liable for confiscation. Accordingly, he reduced the redemption find to Rs. 6 lakhs and penalty to Rs. 3 lakhs. The said order of Commissioner (Appeals) was challenged by the assessee as also by the Revenue before Tribunal. Both the appeals were taken up for disposal by the Tribunal and vide its ....

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.... different view it had to refer the matter to the larger bench. It was also observed that language of the show cause notice in the case of Sarada Steel Industries Pvt. Ltd. and the one in the present case is same and the Tribunal was not justified in taking a view otherwise than what has already been taken in the case of Sarada Steel Industries Pvt. Ltd. Accordingly, by answering the question numb....

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....ority confiscating the excess found goods was upheld. Further, the redemption fine and penalty was reduced from Rs. 4.44 lakhs to Rs. 2.50 lakhs and penalty imposed was reduced from Rs. 2.17 lakhs to Rs. 1 lakhs. As such while upholding the confiscability of the goods, redemption fine as also penalty was reduced almost by 50%. 7. While applying the ratio of the above decision to the facts of th....