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2015 (3) TMI 125 - AT - Central ExcisePenalty u/s 11AC - shortages/adjustments recorded in the ER-1 return - Held that:- Entire issue relates to demand of duty on the shortages/adjustments recorded in the ER-1 return for the month of May, 2011 by the Appellant themselves. It is the claim of the Appellant that prior to levy of excise duty, shortages in the stock of Coal was noticed by their vigilance team and it continued till April, 2011.On the basis of second stock verification by their vigilance team, the final shortage figure was confirmed to be 11.76 lakh M.T. which they have adjusted in their books of accounts and reported accordingly in their ER-1 return. We find from the records that the Ld.Commissioner has arrived at a conclusion about removal of the said shortages in stocks on the basis of their declaration only. Now,the Appellant had produced a copy of CBI report, wherein, inter alia, discrepancy in the stock was found to be due to excess reporting in the earlier period by the officers of the Appellant. This fact in our opinion needs to be scrutinized along with other evidences on record and the evidences that would be produced by the Appellant. Therefore, in the interest of justice, it is appropriate to remit the case to the Ld.Commissioner - Decided in favour of assessee.
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