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2017 (12) TMI 1159 - AT - Central ExciseMis-decaration of inputs - main allegation is that the appellants mis-declared the stock of inputs for availing transitional credit and thus availed excess credit - It is the consistent case of the appellant that the stock cleared by them is correct and although they had stopped making entries in old stock book noted II/2 and started a new book indicated as II/1, the quantity of stock noted in these two books tallies and can be reconciled - Held that: - the contention of the appellant that the quantity of stock can be arrived by backward calculation is not to be accepted - The note attached to Schedule J merely states that the exact quantity of sales is unascertainable. It does not mean that it is not possible to ascertain at all. From such statement, what can be reasonably inferred is that it may not be possible to ascertain the figures (quantity of sales) with arithmetical precision. Definitely when the department does not dispute the quantity of inputs purchased, the duty paid on such inputs and the quantity of finished products cleared by appellants during the period, especially March 2001, the quantity of stock held by appellants for the period 7.3.2001/10.03.2001 can be safely arrived at basing on such details - the appellants should be given a further chance to establish their case by reconciliation of the figures in the stock books/statements - matter remanded. Time limitation - Held that: - Since the matter is remanded, the said issue also can be considered by the adjudicating authority. Appeal allowed by way of remand.
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