JINDAL WOOLTEX INDUSTRIES Vs. COMMISSIONER OF C. EX.

JUDGEMENT

(1.) Heard. This appeal, has been filed by the appellants against the Order -in -Appeal dated 28 -6 -2002 vide which the penalty of Rs. 50,000/ -has been affirmed by the Commissioner (Appeals) against the appellants.

(2.) The facts are not much in dispute. The appellants are traders. As a result of physical verification of their stock by the Central Excise Officers, shortage of 10200 Kgs. of synthetic/acrylic waste was detected. This shortage was admitted by the appellants during the course of investigation. They conceded that they have disposed of this much quantity of the goods on cash sale basis without issuing any bill/invoice. Accordingly, show cause notice was served on them proposing imposition of penalty under Rule 173Q/209A. The adjudicating authority after getting the reply to that show cause notice, imposed penalty of Rs. 50,000/ - through order -in -Original on the appellants. The Commissioner (Appeals) has confirmed that order.

(3.) Learned Counsel has not contested the correctness of the impugned order on merits. He has only prayed for taking a lenient view in the matter on the ground that the appellants are only traders and no duty evasion is involved. He has prayed for reduction in the penalty amount as the penalty imposed is quite exorbitant. Learned JDR has, however, contested the prayer of the Counsel.