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2008 (5) TMI 107 - AT - Central ExciseWhether penalty can be imposed if there is found shortage of stock – duty deposited immediately on date of detection of shortage - there is nothing to suggest that shortage of stock was by reason of fraud, collusion etc. - it is clear that mere contravention of provisions is not enough unless there is also intention to evade payment of duty - Shortage of stock may arise in various situations not necessarily reflecting intention to evade payment of duty – penalty not imposable
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