TMI Blog2014 (8) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the conclusion of clandestine clearance. One such reference can be made to Allahabad High Court decision in the case CCE Vs. Meenakshi Castings (2011 (8) TMI 896 - ALLAHABAD HIGH COURT). Appellants have been unable to give any explanation for such a huge quantity of Kraft paper, which was not recorded in their RG-I register - in the absence of any evidence to show that the raw material fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facture of MS ingots as also in Kraft paper. Their factory was visited by the Central Excise officers on 18.12.2009 and various stock verifications were undertaken. As a result, Kraft paper, to the extent of 38.889 MT totally valued at ₹ 7,93,336/- was found in excess then the recorded balance. Further MS ingots were found short to the extent of 33.741 MT totally valued at ₹ 7,92,914/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he employee was set aside. Hence the present appeal. 4. Ld. Advocate appearing for the appellant submits that they are not contesting the duty involved on the short found goods, which is already paid by them. The challenge is only to the imposition of penalty inasmuch as there is no evidence of clandestine removal of the goods. I find that the Tribunal in a number of cases has held that a sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w material for the excess found goods were reflected in the raw material account, the said fact goes against him. This clearly shows that the raw material for the excess Kraft paper was not entered in the raw material account. Otherwise also the appellants have not taken any ground before the authorities below that the said excess found goods were manufactured out of the duly accounted for raw mat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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