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2018 (10) TMI 318 - HC - Central ExciseClandestine removal - shortage found in stock taking - Appellant's contention is that the demand is unsustainable as no physical stocktaking was done - proviso to Section 11A of the Act, 1944 - penalty - Held that:- The above defence was taken by the Appellant long after the date of the stocktaking i.e. only in response to the show cause notice. Moreover, it is to be noted that at the time when the objection was taken, it would not be possible to reverse the clock and direct physical stocktaking to determine the shortage on the date when the 200.278 MT of raw material, was found short - The view taken by the Tribunal on facts, is a possible view and no interference would be warranted. CENVAT Credit - Held that:- The question of law as proposed completely ignores the fact that proceedings for recovery of Cenvat Credit and imposition of penalty have been taken in terms of Rule 14 and 15 of Cenvat Credit Rules 2004 read with Sections 11A and 11AC of the Act. Thus, taking of Cenvat Credit on inputs which was found to have not been received would justify the present proceedings. Appeal dismissed - decided against appellant.
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