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2016 (12) TMI 1162 - AT - Central ExciseImposition of penalties - shortage in stock - clandestine removal - Held that: - I find that no evidence has been brought on record to substantiate that the shortage of goods detected during the course of investigation were clandestinely removed by the appellant. In absence of any positive evidence of clandestine removal of the goods, I am of the opinion that imposition of penalty on the Company as well as on its Managing Director is not justified. Therefore, I set aside the impugned order with regard to imposition of penalty and allow the appeals. Appeal disposed off - penalty set aside - decided in favor of appellant-assessee.
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