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2017 (5) TMI 138 - AT - Central ExciseShortage of finished product - Non Alloy Ingot - the case of appellant is that the joint Verification Report, by which shortage was discovered, was prepared without any weighment and it was only eye estimation - Held that: - joint verification report of the physical stock was prepared in presence of the representatives of the appellant. No dispute was raised - the demand of duty alongwith interest is justified. Mere shortage of the goods ascertained during stock verification, would not be treated as clandestine removal of the goods. There is required positive act to establish clandestine removal of the goods. In the present case, there is no material on record of the clandestine removal of the goods. So, the imposition of penalty u/s 11AC of the CEA, 1944 is not warranted. Demand of duty with interest upheld - penalty set aside - appeal allowed - decided partly in favor of appellant.
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