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2017 (3) TMI 1087 - AT - Central ExciseShortage of stock - penalty u/r 25 of CER, 2002 - whether for variation found at the time of inspection in the stock of finished products being M.G. Kraft paper and the stock of raw material being HMS scrap, found short, whether penalties are exigible u/r 25 of CER, 2002 and Rule 15 of CCR 2004 read with Section 11AC of the CEA? - Held that: - there is no instance of any malafide or any clandestine removal pointed out by the Revenue. Further, the contention of the assessee that the stock-taking was by way of estimation and there is bound to variation, which have not been controverted by the Revenue, in the impugned orders. Under such facts and circumstances, I hold that the appellant is entitled to the benefit of the provisions of sub-section 23 of Section 11 A of the CEA and under such facts and circumstances, no SCN was required to be issued - appeal allowed - decided in favor of appellant.
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