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2016 (2) TMI 328 - CESTAT NEW DELHI

2016 (2) TMI 328 - CESTAT NEW DELHI - TMI - Shortages found during the course of physical verification - demanding duty along with interest and imposing penalty - Held that:- As the learned Counsel for the appellant has conceded the liability of duty, therefore duty demand is confirmed. With regard to the interest, find that appellant has paid the duty within a month of investigation, no interest is payable by the appellant.

Coming to the imposition of penalty on the appellant as gone .....

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dication. Admittedly, in this case, the appellant has paid the duty before adjudication and moreover within the same month of investigation and no interest was payable by the appellant. In these circumstances, as per the proviso of Section 11AC of the Act, penalty is reduced to 25% of duty in question. Therefore, appellant is directed to pay 25% of duty as penalty within 30 days of communication of this order failing which the appellant shall be liable to pay duty 100% as penalty. - Excise Appea .....

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ctory and it was found that as per statutory records recorded balance of SS flats was 167.730 MT but on physical verification, it was 66.23 MT, therefore, there was a shortage of 101.50 MT, a panchnama was drawn before independent panchas and statement of authorized signatory was recorded wherein he has admitted that they have cleared the short found goods without cover of Central Excise invoices and without paying the duty. In these set of facts, a show cause notice was issued to demand duty on .....

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tement of authorized signatory on shortages found during the course of investigation, penalty cannot be imposed as held by this Tribunal in the case of [Sri Jaibalaji Ispat Pvt Ltd. 2014 (310) ELT 556 (Tri-Delhi) and Ambica Polytubes [2013 (290) ELT 317 (Tri-Delhi)]. Therefore, he prays that penalty imposed on the appellant be set aside. He also submits that as they have paid duty within a month of investigation, therefore, no interest is payable by them. 4. On the other hand, learned AR opposed .....

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rest, I find that appellant has paid the duty within a month of investigation, no interest is payable by the appellant. 7. Now I come to the imposition of penalty on the appellant. I have gone through the panchnama and submissions recorded by the authorities below at the time of investigation by authorized signatories who admitted that they have cleared the short found goods without payment of duty clandestinely. In these circumstances, the allegation of suppressions under section 11AC of the Ce .....

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