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2016 (12) TMI 921 - AT - Central ExciseImposition of penalty - shortage of stock - 95MTs of MS scrap found short on physical verification of their factory stock - clandestine removal - Held that: - reliance placed on the decision of the case of Goyal Ispat v. CESTAT, Chennai [2015 (3) TMI 866 - MADRAS HIGH COURT], where it was held that the order of the Tribunal is not on the basis of visual inspection, but based on mahazar records recording the shortage of goods, which has been done in the presence of the independent witnesses and such shortage was supported by the unretracted statement of Mr. Balaji, Manager of the assessee company. In this view of the matter, the non-recording of the correct quantity of goods in the statutory record, viz., RG.1 register maintained by the assessee establishes the case for demand of duty, more so in a case of statement accepting Central Excise violation - appeal dismissed - decided against appellant.
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