2002 (3) TMI 948

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....goods found in the tempo. The goods found in tempo valued at Rs. 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 Rs. 2,34,177.00 were found in the factory without entering into record. The goods valued at Rs. 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 Rs. 2.16 lakh and confirmed the demand of Rs. 31,510.00. The adjudicating authority also imposed a penalty of Rs. 31,510.00 under Section 11AC read with Rule 173....

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....rporation Ltd. v. CCE 4. Paharpur Cooling 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 Rs. 31,510.00 whereas the redemption fine of Rs. 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 ....