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2017 (6) TMI 804 - AT - Central ExciseShortage of stock - demand of duty - CENVAT credit - assessee was of the view that the stock taking was conducted on the basis of eye estimation - Held that: - appellant accepted the shortage of finished products and inputs during stock verification - demand of duty and interest is upheld. Penalty - Held that: - there is no material available on record for clandestine removal of the goods - The Hon’ble High Courts and the Tribunal in various decisions, held that sufficient evidence is required for clandestine removal of the goods - penalties set aside. Appeal allowed - decided partly in favor of assessee.
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