TMI Blog2016 (12) TMI 921X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 presence of the independent witnesses and such shortage was supported by the unretracted statement of Mr. Balaji, Manager of the assessee company. In this view of the matter, the non-recording of the correct quantity of good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ification of their factory stock on 6 th March 2010 besides penalties imposed under rule 15 of the CENVAT Credit Rules and on the Manager under rule 26 of the Central Excise Rules. 2. It would appear that during the said visit shortage was noticed on which duty liability was made good by debiting the PLA as well as payment through CENVAT credit account. It is the contention of the appellant th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 27) ELT 155 (Tri. -Del.)] which laid down the principle that the exact quantification is a necessary requirement for demand of duty in the event of allegation of shortage of stock. 4. On the other hand, Learned Authorised Representative relies upon the decision of the Hon'ble High Court of Madras in Goyal Ispat v. CESTAT, Chennai [2015 (324) ELT 392 (Mad.)] which has held that: 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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