ORDER
Lajja Ram
1. Heard both sides.
2. Shri K.K. Anand, Advocate submits that the appellants’ representatives had explained on the spot as why the goods could not be accounted for in the records. He submits that the goods were within the factory premises and that there was no allegation that the goods have been removed from the factory without payment of duty. The full duty as applicable has already been paid. The matter relates to the imposition of redemption fine of Rs.27,000/- and a penalty of Rs.35,000/- and the value of the goods alleged to be short accounted was only Rs.27,446/-. He refers to the Tribunal’s decision that when the goods were within the factory premises, and there was no allegation of surreptitious removal, then no duty could be demanded.
3. Shri M.D. Singh, SDR submits that non-accountal has been admitted by the representative of the appellants. The goods were dutiable and had not been accounted for. The appellants were working under Self Removal Procedure (SRP).
4. After hearing both the sides and taking into account the facts and circumstances of the case, I reduce the redemption fine from Rs.27,000/- to Rs.10,000/- (Rupees Ten Thousand Only) and the amount of penalty from Rs.35,000/- to Rs.10,000/- (Rupees Ten Thousand Only). Subject to this reduction in the amount of redemption fine and penalty, the appeal is otherwise rejected. Ordered accordingly.
Order dictated & pronounced in the Open Court on 9.1.2001.
