TMI Blog2017 (10) TMI 1119X X X X Extracts X X X X X X X X Extracts X X X X ..... s evidence of clandestine removal of goods, without payment of Central Excise duty - further, the stock verification was conducted on average basis, without consideration of the actual weighment of goods. Thus, it cannot be said that the stock position arrived at is correct and proper. No iota of evidence was produced by the department to prove that the goods found short during verification we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise, Meerut. 2. The brief facts of the case are that the appellant is engaged in the manufacture of CTD/TMT bars. For manufacture of such goods, MS ingots and other re-rollable materials are used as inputs. During the course of verification of stock position of the finished goods and inputs reflected in the books of account vis- -vis quantity physically available in the factory, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e basis and that the officers of Central Excise department had taken samples on each bundle and arrived at the stock position. Thus, she submits that actual stock position cannot be ascertained through the method adopted by the department. Further, she submits that Manager Account, in his statement recorded under summon, nowhere stated that the goods were removed clandestinely from the factory wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ri Sandeep Maheshwari, authorised officer of the appellant has only stated that he is unable to explain the reasons of shortage. Such statement, without further corroboration, cannot be accepted as evidence of clandestine removal of goods, without payment of Central Excise duty. Further, from perusal of the Panchnama and the statement recorded by the department, it reveals that the stock verificat ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
