TaxTMI 
TaxTMI 
TaxTMI 
2018 (11) TMI 674
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....ish 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. Similarly verification of the final products re....
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....ation 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 Final Order No. A/54871-54872/2014-EX[SM] d....
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.... 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 number 1 framed by the Hon'ble High Court in favo....
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....eld. 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 the present case, I find that the Original Adjudicati....