TMI Blog2012 (11) TMI 1029X X X X Extracts X X X X X X X X Extracts X X X X ..... is that the said statement was withdrawn by Sh. Subhash Goyal subsequently and there is a letter of the Director of the Company on record, I find that there is no other evidence available indicating the clandestine clearance of the ingots. There are umpteen number of decisions holding that there is no other evidence available on record indicating the clandestine clearance of the final product, cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rious checks and verifications were done. 2. As a result, the officer found a shortages of 74.983 MT in the stock of M.S. Ingots. Sh. Subhash Goyal, Supervisor of the Appellant s Company accepted the shortages and also agreed to deposit the Central Excise duty. He, in his statement, deposed that the said shortage can be on account of the goods having been sold without issuing bills and have not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... culminated into an order passed by the original Adjudicating authority confirming demand of Rs. 2,09,256/- and imposing equivalent penalty. The said order of the original Adjudicating Authority stands upheld by the Commissioner (Appeals). 6. Hence the present appeal. 7. I have heard Sh. R. Santhanam, Advocate appearing for the appellant and Sh. Bharat Bhushan, DR appearing for the Revenue. 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge of 74.983 MT. This is a huge shortage in percentage term also when compared to recorded balances. From the foregoing, it is very much clear that there was no eye estimation and the stock taking was done in a proper manner . 9. As it is clear from the above findings of the Commissioner (Appeals) the shortages were arrived at by assuming the average weight of ingots. Admittedly, there was no ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The same are required to be proved by producing sufficient positive evidence of clandestine removal. Apart from that as already observed the weighment of the stock was not actually done and as such shortage arrived at on the basis of arithmetical and calculative methods cannot be accepted. 11. In view of the foregoing discussions, I set aside the impugned order and allow the appeal with the co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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