TMI Blog2015 (3) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... nt that prior to levy of excise duty, shortages in the stock of Coal was noticed by their vigilance team and it continued till April, 2011.On the basis of second stock verification by their vigilance team, the final shortage figure was confirmed to be 11.76 lakh M.T. which they have adjusted in their books of accounts and reported accordingly in their ER-1 return. We find from the records that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ishra, Addl. Commr. (AR) ORDER Per: D M Misra: 1. This is an Application seeking waiver of pre-deposit of duty and Cess totally amounting to ₹ 11.88 Crores and equal amount of penalty imposed under Section 11AC of Central Excise Act, 1944. 2. At the outset Shri S.K.Bathwal, Ld.FCA for the Applicant submits that the Applicant is a Govt. of India Undertaking and engaged in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsequently, they have adjudged the said shortage in their ER-1 return for the month of May, 2011. It is his submission that there was no removal of coal from the factory without payment of duty. Further he has submitted that vigilance cases and CBI enquiry had been initiated for ascertaining the reason of said shortages. The Ld.FCA submitted that the relevant CBI report was submitted to the Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant themselves. It is the claim of the Appellant that prior to levy of excise duty, shortages in the stock of Coal was noticed by their vigilance team and it continued till April, 2011.On the basis of second stock verification by their vigilance team, the final shortage figure was confirmed to be 11.76 lakh M.T. which they have adjusted in their books of accounts and reported accordingly in their ..... X X X X Extracts X X X X X X X X Extracts X X X X
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