TMI Blog2016 (12) TMI 1622X X X X Extracts X X X X X X X X Extracts X X X X ..... is 0.19% of the inputs and 0.39% of the finished goods, which is mere burning loss - the Director of the appellant company admitted the shortage of the stock and no explanation was given. Penalty - Held that: - the appellant No. 2 admitted in his statements of his knowledge of clandestine removal of the goods - imposition of penalty justified - however, quantum of penalty reduced to ₹ 50,000/-. Appeal allowed - decided partly in favor of appellant. - Excise Appeal Nos.76220-76221/2014 - FO/A/76440-76441/2016 - Dated:- 29-12-2016 - Shri P.K. Choudhary, Judicial Member Sri S. Mahapatra, G.M. (Accounts) for appellant(S) Sri S. Mukhopadhyay, Supdt. (A.R.) for the respondent(S) ORDER Per: Shri P.K. Choudhar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d penalty of equal amount of duty on appellant No.1. It also imposed a penalty of ₹ 2,90,000/- on appellant No.2 and appropriated the amount of ₹ 8,00,000/-. 3. By the impugned order, the Commissioner (Appeals) rejected the appeals filed by the appellants, hence, both the appellants filed these appeals. 4. The Ld. Counsel, on behalf of the appellants submitted that 48 Nos. of challans in the form of Requisition Slip were recovered neither from the office of the appellant nor from the factory of the appellant. There is no corroborative evidence that the same challans related to the appellant. DGCEI officers have not investigated as to what was the mode of payment to the transporter and the particulars of the consignee to wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent Co. Vs. UOI - 2014 (309) ELT 411 (All.) where the deptt. had initiated the proceedings after receiving an anonymous complaint alongwith copy of the documents and the Hon ble Gujrat High Court in the case of CCE Vs. SHAKEEN Alloys Pvt. Ltd. - 2014 (308) ELT 655 (Guj.) where the statements were retracted very soon and documents were recovered from the premises of the transport company. In the instant case, I find that the appellant have not come forward with any explanation about the recovery of 48 challans during the investigation. Therefore, the demand of duty on this issue is justified. Regarding the shortage of finished goods and inputs, the Ld. Counsel submitted that the shortage is 0.19% of the inputs and 0.39% of the finished ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
