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2011 (6) TMI 486 - CESTAT, NEW DELHICenvat credit of duty paid on inputs and capital goods – shortage of raw material - Director accepted the shortage of the raw materials and finished goods, that he satisfied with the manner of stock taking, that he is ready to deposit the duty on the goods found short, that the raw materials found short has been consumed in the manufacture of finished goods and that the finished goods found short had been cleared without issuing the central excise invoice and without payment of duty – Held that:- penalty on him under Rule 26 of the Central Excise Rules, 2002 would be attracted as under this rule, penalty is imposable on any person, who in relation to any excisable goods is concerned in transporting, removing, depositing, keeping, concealing, selling or purchasing, or in any other manner dealing with, any excisable goods which he knows or has reason to believe are liable to confiscation, Revenue’s appeal is allowed.
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