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2012 (5) TMI 528 - AT - Central ExciseDuty demand - Shortage in stock - Clandestine removal of goods - Held that:- In this type of cases involving shortages of stock of raw materials found during stock taking, it is not proper to go by the statements recorded alone. When prolonged stock taking is done in a factory, the factory authorities are under pressure due to disruption in their work and they may agree to shortages so long as the quantities are small. Issues of accounting errors also may arise which they may not be able to point out on the spot. So the argument that once the shortage is admitted, there should not be any further argument about it cannot be accepted as a general rule. - Decided in favour of assessee.
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