TMI Blog2012 (11) TMI 1009X X X X Extracts X X X X X X X X Extracts X X X X ..... . The evidentiary value attached to the said statement as has been done by the lower authorities has to be assessed in the light of the other corroborative evidences. Apart from shortages and the said statement accepting shortages, there is no other evidence to reflect upon the clandestine removal of the final product. Tribunal in a number of cases has held that mere shortages detected at the time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hecks and verifications. Physical verification of the stock of steel ingots and flats tallied with the balance recorded in the daily stock account register. However, the officers found that the stock of bars and rods was short by 41258 kg. than the recorded balance. Statement of Shri Dipan Kumar, Managing Director was recorded wherein he accepted shortages and also paid the duty of Rs. 2,54,974/-. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the shortages, the entire stock requires weighment and preparation of weighment slips. Except drawing of Panchnama, there is nothing on record to show as to how such huge quantity of bars and rods was actually weighed without the preparation of inventories. 4. Apart from above, I find that Shri Dipan Kumar in his on-the-spot statement recorded on 26-2-2009 has deposed as under :- On enquiry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pt it as correct and as stated above shortage in finished stock is accepted. We are ready to deposit the Central Excise Duty Rs. 2,54,974/- involved on the short found quantity aforesaid. Accordingly the duty of Rs. 2,54,974/- has been debited vide Debit entry No. 110, dated 22-6-2009 in the Cenvat Account (RG-23A Part-II). 5. As is clear from above, there is no acceptance of clandestine remova ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urvey is not a conclusive piece of evidence by itself and the same cannot be made the sole basis to decide against the assessee. 6. In view of the foregoing discussion, I find no reasons to uphold the impugned orders of lower authorities, the same are accordingly set aside and appeal is allowed with consequential relief to the appellants. (Pronounced in the open Court on 8-11-2012) - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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