Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 1117 - CESTAT NEW DELHIPenalty u/s 11AC - Shortage of goods - Held that:- If there is only shortage and no cogent evidence has been produced. Therefore, charge of clandestine removal of the goods is not sustainable. Admittedly, in this case except shortage no cogent evidence has been produced on record. Further, I find that to impose penalty under Section 11AC read with Rule 25 of the Central Excise Rules 2002, the ingredients of provision of Section 11AC are necessary, i.e., fraud, collusion, wilful misstatement, suppression of facts or contraventions of provision with an intent to evade payment of duty. Admittedly, all these ingredients are absent in the case. Only there is a mere shortage of stock. Therefore, I hold that penalty under Section 11AC or Rule 25 of the Central Excise Rules, 2002 is not imposable on the appellant. - Decided in favour of assessee.
|