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TMI Blog2009 (10) TMI 690X X X X Extracts X X X X X X X X Extracts X X X X ..... ge of 1523.495 kgs of 'Monofilament Yarn Fishnet' and non-reversal of credit to the tune of 545.78 kgs of exempted clearances of fishnet was detected in the factory of the appellants who are manufacturers of 'Nylon Monofilament Yarn' of different deniers, during the visit of officers on 17-3-2001. The duty on shortages worked out to Rs. 37,002/-and non-reversal of credit was to the tune of Rs. 8,6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... read with Rule 25 of the Central Excise Rules, 2002 and Section 38A of the Act. The Commissioner (Appeals) upheld the demand but reduced the penalty under Section 11AC to Rs. 10,000/- and set aside the penalty under Rule 25; hence this appeal. 2. I have heard both sides. In the letter dated 30-3-2001, the assessee had given detailed stock reconciliation statement for each month during the relevan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, the initial burden cast upon the department has been discharged and the burden shifted to the assessees to show that they had not availed credit of duty paid on 'Monofilament Yarn' in the manufacture of fishnets (exempted goods) which they were not in a position to do. 3. In the light of the above discussion, I uphold the impugned order and reject the appeal. (Pronounced in open court on 7-10 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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