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2016 (12) TMI 924 - CESTAT MUMBAIRecovery - shortage of stock - Held that: - it is seen that appellant had been procuring scrap from the local market. There is an admission of stock shortage as well as correctness of stock ascertainment by estimate in most of the types of goods manufactured. The circular no.52/79-CX6 dated 26th October 1979 referred to provides for tolerance of shortage in the normal course of ascertainment during annual stock-taking; here, the shortage was not denied at the time of check in the course of investigation. Reliance placed on the decision of the case of Goyal Ispat Ltd v. CESTAT, Chennai [2015 (3) TMI 866 - MADRAS HIGH COURT], where it was held that the non-recording of the correct quantity of goods in the statutory record, viz., RG.1 register maintained by the assessee establishes the case for demand of duty, more so in a case of statement accepting Central Excise violation. Demand sustained - appeal dismissed - decided against appellant.
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