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TMI Blog2017 (6) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... tries is in appeal against Order-in-Appeal No.53/2014 dated 19.5.2014 whereunder duty of Rs. 1,66,551/- along with equivalent penalty has been confirmed. 2. The brief facts are that: (i) The appellant is a manufacturer of steel pipes and tubes falling under Central Excise Tariff Heading No. 73061029. (ii) On 24.12.2011, during verification of stocks of finished goods and raw material (inputs) l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the chief executive officer itself cannot have evidentiary value and the charge cannot be sustained merely on that basis. He cited in support the Hon'ble Allahabad High Court decision in the case of Continental Cement Company Vs Union of India - 2014 (309) ELT 411 (All.). 5. After having carefully considered the facts of the case and submissions of both the sides, it appears that the appellant h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... materials available on record. From the record, it appears that there was a huge shortage of finished goods for which no explanation was offered by the appellant at the time of stock checking. It means that the appellant had admitted the shortage and paid the duty accordingly. Thus, the appellant was unable to give any suitable explanation for the shortage of the finished goods. This is an admissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. We find 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 goods i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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