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2016 (12) TMI 1622 - AT - Central ExciseClandestine removal - shortage of finished goods and inputs - It was alleged that during the period 12/08/2008 to 30/11/2008, appellant No.1 removed the finished goods clandestinely, involving the amount of duty of ₹ 8,87,384/- under the cover of 48 challans recovered from the premises of the appellant company without payment of duty - Held that: - the appellants have not given any explanation in respect of recovery of 48 challans from their premises. The demand of duty on this issue is justified. Regarding the shortage of finished goods and inputs, the Ld. Counsel submitted that the shortage is 0.19% of the inputs and 0.39% of the finished goods, which is mere burning loss - the Director of the appellant company admitted the shortage of the stock and no explanation was given. Penalty - Held that: - the appellant No. 2 admitted in his statements of his knowledge of clandestine removal of the goods - imposition of penalty justified - however, quantum of penalty reduced to ₹ 50,000/-. Appeal allowed - decided partly in favor of appellant.
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