K.L. Rekhi, Member

1. The facts of this case in brief are that the appellants manufacture a number of excisable goods falling under different items of the Central Excise Tariff, aluminium wire (item 33B), bolts (item 52), steel wire (item 26AA), rivets and nails (item 68). In his Order-in-Original, the adjudicating Collector held that during the period from 1-4-1979 to 16-3-1981, the appellants clandestinely removed aluminium wire and bolts without payment of duty and also committed other violations of the Central Excises and Salts Act, 1944 and the Central Excise Rules, 1944 by their failure to take out a central excise licence and to maintain the statutory records and submit the prescribed returns. The Collector called upon the appellants to pay the central excise duty and also imposed a penalty of Rs. 5,000/- on them under rule, 173 read with rules 9 and 226 of the Central Excise Rules, 1944. The Central Board of Excise and Customs, acting as the appellate authority, gave the benefit of time-bar to the appellants so far as the period prior to 17-9-80 is concerned, held that charge of clandestine removal was not established but maintained the penalty imposed by the Collector.