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2013 (10) TMI 26 - BOMBAY HIGH COURTDuty on Finished Goods Short Found - Whether the CESTAT was justified in upholding the order of the Adjudicating Authority in dropping the demand of excise duty on finished products found short during the course of search – Held that:- The assessee on the basis of the registers maintained and seized during the course of search had demonstrated that there was no shortage except and accordingly demand of duty on man-made fabrics in excess had been dropped - It was not the case of the revenue that the entries made in the lot registers maintained by the assessee to the effect that the goods were lying in the factory at different stages of production were erroneous or contrary to the inventory made - In the absence of any evidence to establish that the entries made in the lot registers were not in consonance with quantity of semi-finished goods found during the course of search, no fault can be found with the decision of the authorities below in discarding the statement/panchanama recorded on the date of search as the records found during the course of search establish to the contrary – Decided against the revenue.
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