TMI Blog2017 (7) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... had been arrived at by the original authority - number of contentions of the appellant pertaining to verification of lot numbers with apparent duplication in the inventory and subjecting specific records to ascertainment would establish the correctness of stock in hand had not been examined at the level of the original authority and the first appellate authority - computations require to be re-wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee is an independent textile processor who undertake work on grey fabric against materials received under annexure as per rule 12B of Central Excise Rules, 2002 with the duty liability devolving on the supplier of gray fabric. In addition, grey fabric supplied by traders/merchants on which CENVAT credit has been availed are also processed and removed on payment of duty by appellant-assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,00,000 that was to be recovered from the security furnished at the time of provisional release. Duty liability of ₹ 4,67,433 was determined on the shortfall in stock of grey fabric and processed fabric with penalty of like amount imposed under section 11AC of Central Excise Act, 1944. Penalty of ₹ 20,000 was also imposed on Shri Shyam Sundar Kedia, Director of appellant-company. The f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity to discharge duty was retained by the suppliers of grey fabric. 5. Learned Authorised Representative relied upon the decision of the Hon ble High Court of Madras in Goyal Ispat Ltd v. CESTAT, Chennai [2015 (324) ELT 392 (Mad)] and of the Tribunal in Abhinav Steels Pvt Ltd v. Commissioner of Central Excise, Allahabad [2015 (326) ELT 383 (Tri-Del)] to contend that records of seizure w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iny in the face of specific submissions made by the appellant before the lower authorities. The computations require to be re-worked after detailed examination of the records. 7. In order that this may be done, the impugned order is set aside and the matter remanded back to the original authority for consideration of the submissions made by appellants in relation to the shortage/excess of stock ..... X X X X Extracts X X X X X X X X Extracts X X X X
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