TMI Blog2012 (11) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... shortage of inputs noticed by the Department, but no evidence has been brought on record either from their past conduct or evidence showing any attempt to remove such ‘inputs’ from the factory without discharging/reversing Cenvat credit - penalty equivalent to the duty involved, only on account of the shortage in the physical stock of inputs noticed during the visit of the officers, cannot be uphe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ENVAT Credit of Rs. 1,40,830/- on 24.7.2008. The ld. Advocate pleads that it was a shortage noticed in the course of routine verification of stock of inputs which at the relevant time were issued for processing/production. He has submitted that no evidence on record to show removal of the same without payment of duty from the factory premises. Further, he submits that there was no shortage in phys ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tage and the same statement continued to be in force being not retracted. He has supported the order of the lower authorities imposing equivalent penalty under Section 11AC of the Central Excise Act. 3. Heard both sides. The issue involved is the question of imposition of penalty under Section 11AC of the Central Excise Act, on account of shortage in physical stock of inputs on the date of vis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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