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2017 (3) TMI 768 - CESTAT KOLKATAShortage in stock - shortage of MODVAT inputs in respect of which credit was taken, but not utilized and having been disposed off by them without payment of Central Excise duty - natural justice - demand - Held that: - the appellants after about 9 years, requested to supply the documents and the submission of the appellant after 10 years of stock verification that weighment was not done correctly, cannot be accepted. Therefore, the demand of duty along with interest is justified. Penalty - Held that: - there is reason for shortage. There is no material available on record to show that the shortage quantity was removed clandestinely - mere shortage of goods during stock verification could not construe clandestine removal or manufacture of the goods - penalty set aside. Appeal allowed - decided partly in favor of appellant.
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