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2016 (12) TMI 921 - CESTAT MUMBAI

2016 (12) TMI 921 - CESTAT MUMBAI - TMI - Imposition of penalty - shortage of stock - 95MTs of MS scrap found short on physical verification of their factory stock - clandestine removal - Held that: - reliance placed on the decision of the case of Goyal Ispat v. CESTAT, Chennai [2015 (3) TMI 866 - MADRAS HIGH COURT], where it was held that the order of the Tribunal is not on the basis of visual inspection, but based on mahazar records recording the shortage of goods, which has been done in the p .....

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10-94111/16/SMB - Dated:- 30-11-2016 - Shri C J Mathew, Member (Technical) Shri Anil Mishra, Advocate for the appellants Shri Sanjay Hasija, Superintendent (AR) for the respondent Order The impugned order-in- appeal no: BR/75 & 76/Th-I/2012 dated 6th July 2012 passed by the Commissioner of Central Excise (Appeals), Mumbai Zone - I pertains to upholding of the order of the lower authority which appropriated ₹ 2,14,797/- paid by the appellant on 95MTs of MS scrap found short on physical .....

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e estimate' which did not take into account the quantity of material that were being used in the production process. It is also contended that the scrap and scull are poured into the furnace and quantity entered only on an estimate basis. 3. Learned Counsel for the appellant relies upon the decisions of the Tribunal in Geekay Wires Pvt Ltd v. Commissioner of Central Excise, Hyderabad [2006 (200) ELT 86 Tri. (Tri._Bang)]; Micro Forge (I) Pvt Ltd v. Commissioner of Central Excise [2004 (169 1 .....

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