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2015 (10) TMI 331 - CESTAT CHENNAI

2015 (10) TMI 331 - CESTAT CHENNAI - TMI - Duty demand - Clandestine removal of goods - Shortage of goods - Penalty u/s 11AC - Held that:- Entire shortage of CTD bars was noticed during physical stock taking. The department has noticed shortage of 104.46 MTs. I find that there was no further investigation carried out except recording of statement from the M.D. of appellant company. The department has not established actual shortage so as to attribute clandestine removal. - any shortage of finish .....

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iable for excise duty and it is restricted to actual shortage of 102.476 MTs found short during physical stock taking and the demand is upheld to that extent. Penalty is set aside. - Decided partly in favour of assessee. - Appeal No. E/159/2002 - Dated:- 18-3-2015 - R Periasami, Member ( T ), J. For the Appellant : Mr J Shankarraman, Adv. For the Respondent : Mr L Paneer Selvam, AC (AR) ORDER Per R Periasami 1. The appellants have filed appeal against OIA dt. 10.12.2001. All the notices of heari .....

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- and also imposed equal penalty under Rule 9(2) and Rule 173 (2) and 226 of Central Excise Rules read with Section 11AC on the quantity of shortage of finished products noticed during stock taking. Hence the present appeal. 3. Ld. Advocate submits that entire demand has been raised alleging clandestine removal of finished goods whereas there was no clandestine removal established in this case. Only on the physical stock taking done by the department, the shortage of 102.476 was noticed. He furt .....

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e was no evidence submitted the department. He also submits that appellants have admitted actual physical stock quantity of 102.476 MTs. He submits that every shortage of quantity of finished goods cannot be attributed to clandestine removal as the department failed to bring out any evidence of documents or weighment or any documents. Since there was no suppression, extended period cannot be invoked and no penalty is imposable. He relied on the following decisions :- J.C. Rolling Mills Pvt. Ltd. .....

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cation order, I find that entire shortage of CTD bars was noticed during physical stock taking. The department has noticed shortage of 104.46 MTs. I find that there was no further investigation carried out except recording of statement from the M.D. of appellant company. The department has not established actual shortage so as to attribute clandestine removal. I also find that officers visited the unit on 15.10.96 for physical stock taking when the shortage was detected. SCN was issued on 12.7.9 .....

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