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2013 (5) TMI 514 - CESTAT NEW DELHIDemand of differential duty – differential quantity of sulphuric acid - difference in the particulars shown in the balance sheet and excise records – Held that:- There is a difference of quantity of 2844.445 MTs between the figures of Central Excise records and balance sheet. We also note that in the opening balance of 1998-99, the opening stock of Sulphuric Acid is 3685.115 MTs. As explained by the appellant, this consists of 2844.445 MTs of the differential quantity for the year 1997-98 plus a balance of 840.710 MTs as shown in the RG.I account. Therefore, the closing balance in the 1997-98 and the opening balance in 1998-99 tallies. We agree with this submission of the appellant and take a view that the shortage of a quantity of 2844.445 MTs for the financial year 1997-98 has been taken into account in balance sheet in the subsequent year 1998-99. Thus, the impugned order is set aside and appeal is allowed.
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