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2016 (9) TMI 937 - AT - Central ExciseDemand and imposition of penalty - excess stock of molasses found in the storage tanks, unaccounted in the statutory records - clandestine removal of molasses - regular statement of MF-1 submitted by the parties to the State Excise Department - Held that:- the variation found in the stock of molasses on 14/07/98 upon inspection by the Central Excise authority is a normal variation and no adverse inference is called for. Further, I take notice of the fact that the State Excise authority, who are in physical control of the stock of molasses of production, storage and dispatch in the appellant's factory have excepted the recorded stock and at the end of the molasses season have accepted the net excess at 961qtls. Therefore, I hold that the whole demand is based on assumption and presumptions and is fit to be set aside. The appellant informs that the duty and penalty in dispute have been appropriated by the Central Excise authority during the pendency of the appeals with the refund payable to the appellant. Accordingly, I direct the adjudicating authority to refund the amount adjusted, being in the nature of pre-deposit as the same have been adjusted out of refundable amount during pendency of the appeal, with interest as per Rules.
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