TMI Blog2010 (1) TMI 1054X X X X Extracts X X X X X X X X Extracts X X X X ..... al No. 2738/07 deals with the alleged excess goods found in the course of investigation on 22-2-05 followed by further investigation on subsequent date. The Appeal No. 2740/07 relates to shortage of goods found during the same investigation. Both these Appeals emanated from the same cause of action of investigation on 22-2-05 and two separate orders having been passed, appeal remedy was sought in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed by the Authority below. Both the Authorities only proceeded on the premises that there was shortage and excess of stock found and without any verification and reconciliation of recorded figures. Neither the Adjudicating Authority nor Appellate Authority took pain to reconcile few items of inventory involved in the allegation nor that was done by investigation in spite of repeated progress for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es below and submits that ld. Appellate Authority has clearly examined the issue in the order dealing with discussions and findings portion. He also confirms that stock taking process remained unrebutted. That was sufficient material for Revenue to make out a case against the assessee. 4. Heard both sides and perused the respective documents to which attention was drawn. Examination of the plead ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel but his principal grievance is that the goods found in the course of stock taking are reconcilable. Therefore the adjudication does not sustain in absence of a judicious examination of the facts borne by record. 5. The rivalry submissions being on the laxity of examination of the facts and figures borne by record the Adjudication cannot sustain without speaking truth. The matter accordingly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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