- (1.) This instant Customs and Excise Appeal is directed against the order dt.10/03/2006 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi, for short " The Tribunal."
(2.) The brief facts, apparent on the face of record, is that on the basis of a survey an order came to be passed by the Joint Commissioner, on the basis whereof, he came to the conclusion that there was shortage in the goods at the time of physical verification on 15/07/2002 & 24/12/2002 and also as regards the goods received from one M/s R.N. Metal Lalsot (Dausa), it was further alleged that there was clandestine removal of goods which was not satisfactorily proved/ explained by the respondent-assessee and it was also noticed that some stock was not entered in the Stock Register/Record with an intention to remove the same without payment of Central Excise Duty. Goods to the extent of 60 MT G.M Balls were confiscated under Rule 25 of the Central Excise Rules. Option was given to redeem on a redemption fee of Rs. 80,000/-. The Assessing Officer also confirmed Central Excise Duty amounting to Rs.1,69,631/- u/s 11A(1) of the Act and also imposed penalty of the like amount u/s 11AC of the Act.
(3.) Dissatisfied with the said order, an appeal was preferred before the Commissioner (Appeals), who vide order dt.05/02/2004 substantially accepted the claim of the respondent-assessee and set aside the confiscation of 60MT of G.M. Balls and reduced the Excise duty and penalty to Rs. 46,386/- from 1,69,631/- after analyzing the evidence on record.;