2008 (8) TMI 268

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..... [Order per : H.N. Devani, J. (Oral)]. - The appellant-revenue has proposed the following questions: "(A) Whether the Hon'ble CESTAT was justified in upholding Commissioner (Appeals)'s order inasmuch as setting aside the order for confiscation of seized goods and imposition of redemption fine? (B) Whether the Hon'ble CESTAT was justified in upholding the order of the Commissioner (Appeal....

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....n holding that there was no mala fide intention on the part of the respondents in not entering the goods in the RG-1 Register and that there was no evidence to show that the excess stock was not meant for clandestine removal. It was submitted that excess stock of texturised yarn was kept in the factory premises in packed condition and ready for dispatch and had not been entered in the RG-1 registe....

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.... 15,000/- under Rule 173Q(1) and imposed a penalty of Rs. 15,000/- on the manufacturer under Rule 173Q(1), (2) The appellants have in the written hearing and in the personal hearing contested that the text yarn was not in excess but was only separately stocked and as regards anti-static oil, they had given an explanation which was rejected. As the entire stock was issued for production, which w....

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....tion was in the production department and as such there was no excess stock. Thus, it has been found on facts that this was not a case of clandestine removal, but there was a technical default in maintenance of statutory records, and hence, for such default, penalty has been partially sustained which appears to have been accepted by respondent-assessee as it was only appellant-revenue which challe....