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2017 (11) TMI 1330 - AT - Central ExciseClandestine removal - excesses and shortage of stock - Whether the First Appellate Authority was correct in confirming the demands raised by the show cause notice along with interest and consequent penalties or otherwise? - Whether the First Appellate Authority was correct in dropping the demands raised by the Lower Authority or otherwise? Held that: - the appellant had no explanation to offer for the excess goods found as also shortage of the goods. The challenge put up by the said M/S. NIBI Steel Ltd., in the grounds of appeals is not controverting the detailed reasoning recorded by the First Appellate Authority - the appeal filed by the M/S. NIBI Steel Ltd. is devoid of merits and needs to the rejected. The evidences which revenue wants to rely upon are considered in detail and on an correct appreciation, a conclusion has been arrived. I concur with the said findings - appeal filed by Revenue also dismissed. Penalty on M/S. NIBI Steels - Held that: - It is settled law that once there are findings of clandestine removal and confirmation of the demand of the duty is on said findings, equivalent amount of penalty needs to be imposed under section 11 AC of the Central Excise Act 1944 - penalty imposed on M/S NIBI Steel Ltd. is enhanced to ₹ 2,28,451/- from ₹ 50,000/-. Appeals disposed off.
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