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2015 (6) TMI 985 - CESTAT NEW DELHI

2015 (6) TMI 985 - CESTAT NEW DELHI - 2015 (325) E.L.T. 193 (Tri. - Del.) - 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 eye estimation 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 taki .....

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s. A/51904-51906/2015-EX(SM) - Dated:- 11-6-2015 - Shri Ashok Jindal, Member (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 the case are that a visit was conducted at the premises of the appellants on 8-7-2010 and 9-7-2010. The shortage of inputs/finished goods were found and no pausable explanat .....

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llant. Aggrieved from the said orders appellants are before me. 3. As the 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. Moreover, the shortages found on eye estimation basis works out to 0.56% for the year 2009-2010 and 0.46% for the year 2010-11 which is a very meager quantity. Moreover, no e .....

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