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2018 (7) TMI 1359 - AT - Central ExciseClandestine removal - M.S.Ingots - excess stock of finished goods - Confiscation - Redemption Fine - Held that:- It is noticed that the Central Excise Officers, detected the excess stock after taking into account the clearances from 01.02.2009 to 09.02.2009 and further taking closing stock as on 31.01.2009. It is apparent from the face of the record that the stock register was written upto 31.01.2009. The Commissioner (Appeals) observed that had the appellant had any bonafide intention, they would have entered the said excess stock in their Daily Stock report, if not in DSA. Thus, the appellant had not recorded the excess quantity of stock in their record - confiscation and redemption fine justified - penalties also upheld. Clandestine removal - clearance of 65.903 M.T. of the unrecorded stock of finished goods - extended period of limitation - Held that:- It is seen from the record that the Director of the appellant company in his statement dated 31.05.2011 had accepted the non-existence of 65.903 MT of the unrecorded stock of the said goods. He stated that it is implied that the clearance of the same without payment of duty and accordingly paid the duty on 65.903 M.T. - the Director of the appellant company admitted that the goods were cleared without payment of duty. Hence, the extended period of limitation can be invoked. Appeal dismissed - decided against appellant.
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