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2016 (3) TMI 1171 - AT - Central ExciseInvestigation - Shortage of stock - Interest - Penalty - Held that: - I find that in a short span of time physical stock taking of such a huge stock of 4762.485 MT of ingots is not possible. Admittedly, in this case the stock taking was done on average basis - I find that if such method of weighment has been adopted there are certainly, variation will take place. In this case the shortage of only 74 MT in a stock of around 5000 MT which is a meagre one. Due to such variation, without corroborative evidence, the allegation of clandestine removal of goods cannot be proved. As no corroborative evidence has been brought on record by the respondents, the alleged shortage cannot held clandestine removal of goods - Appeal allowed.
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