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2012 (11) TMI 260 - CESTAT, NEW DELHIDemand along with interest and penalty - Confiscation of goods – alleged that shortage of transformers were lying in the factory which was not accounted anywhere – alleged that transformers which were not accounted for in the records, were intended for clearance without payment of duty – argument of assessee is that they account these goods only when the goods are fully ready for dispatch - Held that:- Three transformers produced on 14-12-2009 may not be lead to the conclusion that there was no shortage on the date of visit - argument of assessee is that they account these goods only when the goods are fully ready for dispatch - they are not able to locate three of the 15 transformers accounted just before despatch shows that the goods have been despatched without payment of duty - time consumed in counting the 537 transformers in semi-finished stage cannot be a reason for not being able to show the 15 transformers which were accounted as finished transformers - it is justified to demand excise duty on goods found short vis-a-vis accounted stock - appeal is allowed partially by setting aside the confiscation of goods
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