2010 (5) TMI 727

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..... RDER This is a case of shortage of 31.171 MTs of raw material found in the factory of the appellant during the visit of the officers. At the time of drawing Panchanama, the partner of the appellant stated that the shortage was because of the transit loss and voluntarily reversed the Cenvat Credit on the raw material. Subsequently, the Cenvat Credit reversal was confirmed and equal amount of penal .....

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..... e case of CCE, Aurangabad v. M/s. Sipta Coated Steel Ltd. as reported in 2000 (125) E.L.T. 578 (Tri.), in support of the contention that the difference in the weight of input at the place of procurement and place of usage in the factory of assessee cannot be a ground for disallowance of Modvat Credit. Learned SDR, on the other hand, relied upon the decision to show that when there is a difference .....

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..... erial. Under these circumstances, this demand cannot be sustained. Therefore, the appeal filed by the appellant has to be allowed. 4. Revenue also has filed the appeal against the order of the Commissioner (Appeals) for setting aside the imposition of penalty under Rule 15(2) of Central Excise Rules. In view of the decision that the duty demand cannot be sustained, the question of holding the pen .....

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