MOHAN GENERATOR AND PUMPS (P) LTD. Vs. CCE

JUDGEMENT

(1.) THE relevant facts of the case, in brief, are that the appellants are engaged in the manufacture of Generating Set, A.C. Generators and Centrifugal Water Pumps falling under Chapter sub -heading No. 8502.00, 8501.00 and 8413.10 of the Central Excise Tariff Act, 1985. On 3.11.1995, the Central Excise Officers visited the appellants' factory and verified the stock. The said officers detected the excess stock of finished goods, which were seized by them. The adjudicating authority confiscated the seized goods with an option to redeem the same on payment of redemption fine of Rs. 15,000/ - and penalty of Rs. 7,000/ -. The Commissioner (Appeals) upheld the adjudication order.

(2.) LD . Advocate on behalf of the appellant submits that Panchnama was prepared in irregular manner inasmuch as it is revealed from the Affidavit that Panchas were not present at the time of stock verification. He further submits that the seized goods were not complete finished goods and, therefore, they have not recorded in their RG -I register. He further submits that in any event, the redemption fine and penalty are excessive. He relied upon the decision of the Tribunal in the following cases:

(3.) LD . DR submits that non -accountal of the goods is established. He further submits that the Tribunal in the case of PNP Castings (P) Ltd. v. CCE, Lucknow 2006 (194) ELT 250 (Trib. -Delhi) held that confiscation, redemption fine and penalty are justified in case of the non -accountal of the