TMI Blog2015 (6) TMI 985X X X X Extracts X X X X X X X X Extracts X X X X ..... timation basis has not been reverted by the Revenue without any supportive evidence and there is a shortage of around 0.56%. That shortage may be due to the stock taking by way of eye estimation basis. Furthermore, revenue has not produced any corroborative evidence to allege goods have been removed clandestinely without payment of duty. As Revenue has failed to prove the mala fide act on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant but reversed the Cenvat Credit attributable to this shortage along with interest immediately. Thereafter, a show cause notice was issued to the appellant to appropriate the amount and duty along with interest paid by the appellant and to impose penalty under Section 11AC of the Act. The adjudication took place, duty demanded as per show cause notice was confirmed and appropriated along w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant is not contesting duty liability, therefore, penalty under Section 11AC is not imposable in the absence of any mala fide act on the part of the appellant. 4. On the other hand ld. AR submits that during the course of physical verification of the stock the appellants have admitted the shortages and had not given any explanation thereon. Therefore, the short found goods were cleared by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aws relied upon by the Ld. AR in the case of Bajrang Petro Chemicals (P) Ltd. (Supra) is not applicable to the facts of this case as in that case on physical verification of the stock there was a huge shortage of finished goods. Therefore, said case law is not applicable to the facts of this case as Revenue has failed to prove the mala fide act on the part of the appellant to allege clandestine re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
