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2017 (5) TMI 388 - CESTAT ALLAHABADPenalty - shortage of stock - appellant claim that due to the mischief or wrong advice of those technical persons, resulted in discrepancy in the actual stock and book records - whether the penalty imposed u/s 11 AC by the Additional Commissioner have been rightly reduced to 25% under proviso to Section 11 AC of the Act? - Held that: - there is no instance of any clandestine activity found by the revenue. Only on the apparent shortage of inputs and finished goods, the demand had been raised which is wholly presumptive in nature - This Tribunal in several similar matters have held that no demand of duty is sustainable, only for some apparent shortage found at the time of stocktaking without any instance of clandestine activity on the part of the manufacturer - on the discrepancy pointed on inspection appellant had reversed the Cenvat credit taken on the raw material and paid the duty on the finished goods found short, under intimation to the revenue - the SCN is vague and presumptive and accordingly not sustainable - appeal dismissed - decided against Revenue.
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