AKSHAY SPINNING MILLS Vs. CCE

JUDGEMENT

(1.) In this appeal, the appellants have questioned the correctness of the impugned Order -in -Appeal vide which the Commissioner (Appeals) has affirmed the order of the adjudicating authority ordering the confiscation of the seized goods, imposing redemption fine of Rs. 1 lakh and personal penalty of Rs. 50,000 on the appellants.

(2.) The learned counsel has contended that since no duty demand has been confirmed and no excess or shortage of the finished goods was found in the factory premises of the appellants, on verification of the stock carried out after the seizure of the goods, the impugned order regarding the confiscation of the goods and imposition of the penalty, cannot be legally sustained. The penalty, according to the learned counsel, could be imposed only if there had been evasion of the duty on the seized goods by the appellants.

(3.) On the other hand, the learned JDR, has reiterated the correctness of the impugned order.