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2017 (11) TMI 428 - AT - Central ExciseShortage of finished goods and material - irregular availment of CENVAT credit - Held that: - appellant has failed to produce the closing stock for physical verification. I am not convinced by the explanation given by the appellant for short recovery of scrap. Therefore, I do not find any infirmity in the impugned order upholding the Order-in-Original by the Commissioner (Appeals) - demands under the provisions of CCR 2004 read with proviso to Section 11A(1) of the CEA along with demand of interest and also imposed equal penalty u/s 11AC of the CEA 1944 read with Rule 25 of the CER upheld. Penalty on accounts officer of assessee - Held that: - the Revenue has not been able to bring any evidence on record that he knew or he had reason to believe that the excisable goods in question were liable for confiscation under Central Excise Rules which is the only factor relevant for imposition of penalty under Rule 26 of the CER, 2002 - penalty on the Accounts Officer set aside. Appeal allowed in part.
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