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2013 (8) TMI 351 - CESTAT NEW DELHIExcess stock of finished goods and raw-materials on stock taking – Held that:- Excess in the stock of aluminium ingots is 0.592 M.T. in the total stock of about 87 M.T. would work out to about 0.7%. Similarly, the excess in the stock of aluminium scrap is 11.554 M.T. out of total stock of about 870 M.T. which would work out 1.33% - Excess of this magnitude, looking to the total quantity of aluminium ingots and scrap cannot be treated as a real excess, as the same could be due to genuine mistakes on the part of the assessee or their workers in recording the weight of ingots and scrap and, as such, no malafide intention can be attributed to the excess of this magnitude – Reliance can also be place upon the judgment in the case of Hindustan Steel Ltd. vs. CCE reported in 1969 (8) TMI 31 - SUPREME Court, wherein it is held that for imposition of penalty under Rule 173 (1) (a) and 173Q (1) (b) of Central Excise Rules, 1944 there must be intention to evade the payment of duty – Decided in favor of Assessee.
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