TMI Blog2017 (6) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... z. Shri D.G.K. Nair admitted the shortage and appellant assessee paid the duty for the goods found short voluntarily, the plea of the appellant now that there was no shortage does not have sound footing. The Hon’ble Supreme Court in the case of CCE Vs. Systems & Components Pvt. Ltd. [2004 (2) TMI 65 - SUPREME COURT OF INDIA] observed that it is basic and settled law that what is admitted need n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge of finished goods on 36.750 MTs of steel pipes and tubes was discovered. (iii) For this shortage, the appellant on 24.12.2011 remitted duty of ₹ 1,66,551/- through Cenvat credit account. (iv) The Department issued show cause notice, which was adjudicated vide Order-in-Original No.02/2014 dated 9.1.2014 confirming the duty of ₹ 1,66,551/- along with imposition of equivalent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o prove that there was no shortage of finished goods and they did not clear the said goods clandestinely without payment of duty. Once the Chief Executive officer of the appellant assessee viz. Shri D.G.K. Nair admitted the shortage and appellant assessee paid the duty for the goods found short voluntarily, the plea of the appellant now that there was no shortage does not have sound footing. The H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant that the goods found short had been removed without payment of the duty. The method for clandestinely removal of the goods is not required to be explained. Since, it is a case of the shortage of the finished goods for which the appellant has no explanation, so the provision of Section 11AC for levy of the penalty and [Rule] 26 for levy of the penalty on the authorized signatory would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods in the statutory record, viz., RG.1 register maintained by the assessee establishes the case for demand of duty, more so in a case of statement accepting Central Excise violation. 5.2 For the present facts the case law cited by the appellant is not applicable. Following the Hon ble Supreme Court and High Court decisions cited in para 5 above, the impugned order is sustained and appeal d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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