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2008 (10) TMI 184

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...., Jt. CDR, for the Respondent. [Order].- This is an appeal against the order of the Commissioner (Appeals) No. 229-CE/MRT-I/2006, dated 31-10-06. 2. Heard both sides. 3. The premises of the appellant was visited on 28-3-2005 and stock taking was undertaken and excess stock of 43.718 MTs. (40.631 MT in rolls and 03.087 MT in sheets) valued at Rs. 6,33,343/- was found. There was also shorta....

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....confiscation was not justified as there was no intention to remove the goods clandestinely. He, therefore, seeks that confiscation and penalty be set aside. He relies on the decision in the case of Supreme Industries Ltd. - 2007 (214) E.L.T. 187 (M.P.) in support of his above plea: 5. Learned Jt. CDR submits that obligation to account for is a strict liability. Once the goods are not accounted ....

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....ted for at the time of visit by the officers is quite substantial. About 190 MTs. of waste paper was found to be over and above the stock of waste papers recorded in their accounts, which according to the learned Advocate constitute only 2.7% of the total stock of waste papers. 7. The obligation to account for the raw materials and manufactured goods is a strict one. This is a preventive measur....