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2010 (7) TMI 1002 - AT - Central ExciseShortage of goods found during stock verification - the case of the department is made out on the basis of unretracted statement of Shri J.Balaji, Manager of the assessee-company and the mahazar, clearly showing shortage - assessee's case is that no proper physical verification was conducted and therefore the shortage cannot be ascertained - Held that: - The evidence on record is sufficient to come to the conclusion that there was shortage which was not accounted in the statutory records viz. RG.1 Register of the assessees thus justifying the duty demand together with interest - penalty imposed is set aside as this is, admittedly, not a case of clandestine removal of goods by the assessees but only a case of shortage detected during physical verification - appeal allowed - decided partly in favor of Revenue.
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