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2015 (6) TMI 985 - AT - Central ExcisePenalty under Section 11AC - shortage of inputs/finished goods were found - clandestine removal of goods - Held that:- As during the course of stock taking certain shortages were found but the contention of the appellant that stock taking was done on eye estimation basis has not been reverted by the Revenue without any supportive evidence and there is a shortage of around 0.56%. That shortage may be due to the stock taking by way of eye estimation basis. Furthermore, revenue has not produced any corroborative evidence to allege goods have been removed clandestinely without payment of duty. As Revenue has failed to prove the mala fide act on the part of the appellant to allege clandestine removal of the goods. Therefore, in the absence of any ingredient of Section 11AC of the Act penalty on the appellants are not imposable. - Decided in favour of assessee.
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