TMI Blog2009 (6) TMI 842X X X X Extracts X X X X X X X X Extracts X X X X ..... - demand set aside - appeal allowed - decided in favor of appellant. - E/2360 and 2723/2006-SM(BR) - - - Dated:- 12-6-2009 - Shri P.K. Das, J. REPRESENTED BY : Shri Atul Gupta, Chartered Accountant, for the Appellant. Shri S.N. Srivastava, DR, for the Respondent. [Order]. The relevant facts of the case, in brief, are that the assessee is engaged in the manufacture of PVC Pipe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng both the sides and on perusal of the records, it is seen that the shortage of inputs was detected during stock verification. It is recorded in the Adjudication Order that there was no shortage of the finished goods. Shri H.K. Agarwal, Director of the assessee accepted the shortage but failed to explain the reasons for the shortage. The contention of the ld. DR is that the assessee failed to rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. 4. In the present case, the assessee failed to furnish reasons for shortage. There is no material available of clandestine removal of the goods. So, imposition of penalty under Section 11AC of the Act is not justified. 5. Accordingly, the demand of duty is upheld and penalty is set aside. The appeal filed by the assessee is disposed of in the above terms. The appeal filed by the Revenue is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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