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Swati Industries Versus Commissioner of C. Ex. & S.T., Ludhiana

2015 (6) TMI 985 - CESTAT NEW DELHI

Penalty under Section 11AC - shortage of inputs/finished goods were found - clandestine removal of goods - Held that:- As during the course of stock taking certain shortages were found but the contention of the appellant that stock taking was done on .....

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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 part of the appellant to allege clandestine removal of the goods. Therefore, in the a .....

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(J) Shri Poojan Malhotra, Advocate, for the Appellant. Shri G.R. Singh, DR, for the Respondent. ORDER The appellants are in appeals against the impugned orders imposing penalty under Section 11AC of the Central Excise Act, 1944. 2. The facts of .....

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o 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 adjudic .....

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he issue involved in all the appeals are common, therefore, all are disposed of by a common order. The ld. Counsel for the appellants submits that the stock taking was done on eye estimation basis and no physical verification of the stock were done. .....

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goods from the factory of the appellant. In the absence of any corroborative evidence the charge of clandestine removal is not sustainable. As the appellant is not contesting duty liability, therefore, penalty under Section 11AC is not imposable in .....

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Therefore, the short found goods were cleared by the appellant without payment of duty and to support this contention he relied on the decision of Hon ble High Court of Allahabad in the case of Bajrang Petro Chemicals (P) Ltd. v. CCE Kanpur - 2015 ( .....

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tion 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 corroborat .....

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