CCE Vs. EVEREST ROLLING MILLS (P) LTD.

JUDGEMENT

(1.) When the case was called, none appeared on behalf of the respondent inspite of notice. The case was adjourned twice for arguments and the respondents were unpresented.

(2.) Heard Ld. DR. Revenue filed this appeal against the Order -in -Appeal passed by the Commissioner (Appeals) whereby the Commissioner (Appeals) set aside the confiscation and penalty in respect of the goods found in excess as compare to the recorded balance.

(3.) Brief facts of the case are the respondent are engaged in the manufacture of M.S. Bars and M.S. Plates. On 29.8.2001 the Officers of Revenue visited the factory premises of the unit and conducted physical verification. It was found that there was an excess stock of M.S. Bars weighting 4.236 m.t. The goods were seized and after issue of SCN, the goods found in excess were ordered to be confiscated and the same are released from payment of redemption fine of Rs. 12,000. A penalty of Rs. 25,000 was also imposed on the appellant.