TMI Blog2009 (7) TMI 988X X X X Extracts X X X X X X X X Extracts X X X X ..... ands assailed by the assessee on the ground that it is impossible for the officers to carryout the same within a short span of time. No inventory stands produced by the Revenue - It is well settled that findings of the clandestine removal cannot be based upon merely shortages without any other reliable evidence on record. There being none in the present appeal, I extend the benefit of doubt to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Chapter 39 of Central Excise Tariff Act, 1985. Their factory premises were searched on 7-4-2006 and during the physical stock verification, shortages of raw material as also finished products were detected. A panchanama was drawn in the presence of panch witness and Shri Sajjan M. Ranasaria, Director of the Company. The appellants paid duty of Rs. 2,07,330/- involved in such shortages of raw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hort period of time they remained in the factory premises. The lower authorities only gone by the fact that Panchanama bears the signature of the Director and as such reflects the correct position. 5. I find that apart from the Panchanama showing the shortages of the goods, there is otherwise, no evidence on record to show the clandestine removal of the goods. As such, physical stock taking also ..... X X X X Extracts X X X X X X X X Extracts X X X X
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