CCE Vs. SWASTICK TUBES P. LTD.

JUDGEMENT

(1.) REVENUE filed this appeal against the order of the Commissioner (Appeals), whereby penalty was reduced.

(2.) THE relevant facts of the case, in brief, are that the respondent is engaged in the manufacture of PVC Pipes. On 5.6.2004, the Central Excise Officers visited the respondent's factory and conducted stock verification. The Central Excise Officers detected shortage of finished goods involving central excise duty of Rs. 1,50,474/ -. The Director of the respondent accepted the shortage and deposited the duty on 21.06.2004. The Original Authority confirmed the demand of duty of Rs. 1,50,474/ - and appropriated amount deposited by them and imposed penalty of equal amount under Section 11AC of the Central Excise Act, 1944. The Commissioner (Appeals) reduced penalty to Rs. 40,000/ -. The Revenue filed this appeal against the respondent for enhancement of penalty of equal amount of duty.

(3.) LD . DR submits that the same assessee in earlier occasion, in the month of January, 2003 during stock verification, found shortage of inputs. He submits that the respondent is a habitual offender and, therefore, penalty of equal amount of duty is imposable.