2002 (3) TMI 948

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....found in tempo valued at ₹ 23,958.00, were taken into possession and thereafter the appellants' firm was visited by the excise officers and during verification of the records, the goods, valued at ₹ 2,34,177.00 were found in the factory without entering into record. The goods valued at ₹ 6,06,219.00 were seized from outside the factory and the appellants could not produce proof in respect of duty payment of these goods. The adjudicating authority confiscated the goods and allowed the release of the goods on payment of redemption fine of ₹ 2.16 lakh and confirmed the demand of ₹ 31,510.00. The adjudicating authority also imposed a penalty of ₹ 31,510.00 under Section 11AC read with Rule 173Q of the Cen....

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.... Towers Ltd. v. CCE 1996 (14) RLT 297 8. It was also contended by the appellants that composite penalty under Section 11AC of Central Excise Act and Rule 173Q of the Rules is not sustainable in view of the decision of the Tribunal in the case of Punjab Recorder Ltd. v. CCE. The appellants also contended that in this case the total demand is of ₹ 31,510.00 whereas the redemption fine of ₹ 2,34,177.00 was imposed, which was on higher side and they pleaded reduction in the redemption fine. 9. The contention of the revenue is that the goods found in the factory were not accounted for in any of the private or statutory records and, therefore, are liable for confiscation. The contention of the revenue is that the Division Bench of t....