M/S. Ganpati Sangmammer Pvt. Ltd. vs Commissioner Of Central Excise, … on 1 February, 2001

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Customs, Excise and Gold Tribunal – Delhi
M/S. Ganpati Sangmammer Pvt. Ltd. vs Commissioner Of Central Excise, … on 1 February, 2001


ORDER

S. S. Kang, Member

1. The applicant filed this application for waiver for penalty of Rs. 7,000/- imposed under Section 173Q of Central Excise Rules.

2. Learned Counsel submits that the only allegation against the applicants is that the final product was not accounted in their RG-I record. He relies upon the decision of the Tribunal in the case of Bhillai Conductors (P) Ltd. Vs. C.C.E., Raipur, reported in 2000 (91) ECR 569 (Tribunal) and submits that in this case the Tribunal held that where the goods were not accounted for in RG-I- under Rule 226 of Central Excise Rules. He, therefore, prays that the application be allowed.

3. In this case the final product was not accounted in their satutory record and goods were confiscated with an option to the appellant to redeem the goods on payment of redemption fine. The penalty of Rs. 7,000/- was also imposed. Keeping in view the facts and circumstances of the case, prima facie, it is not a fit case for total waiver of penalty imposed. applicants are directed to deposit a sum of Rs. 2000/- within a period of 4 weeks for hearing of the appeal. On deposit of Rs.2000/-, the remaining amount of penalty is waived for hearing of the appeal during/the pendency of the appeal. To come up for reporting compliance on 5.3.2001.

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