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TMI Blog2017 (11) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... daily stock register maintained by the appellant it was noticed that stock register was maintained up to January, 2004 only and finished goods stock for the remaining day i.e. 2-2-3004, 3-2-2004(1-2-3004 being Sunday, a holiday) were not accounted for in the said register. On Preliminary scrutiny of the daily stock register with the physical stock some discrepancy were noticed. The company officials who were present could not explain the same. Therefore, the investigation officers withdrawn respondent's records namely daily production report, finished product transfer memo received from the production department, daily stock register(size wise) and daily stock register for further scrutiny. On 5-2-3004 stock verification of finished goods, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... demand as difference in stock was clearly established in the order-in-original. 3. On the other hand, Shri. S.S. Gupta, Ld. C.A. appearing on behalf of the Respondent at the outset submits that at the time of taking physical stock, the stock found physical and stock shown RT-12 returns there was difference, however there was genuine reason for such difference, which was explained by the appellant before the adjudicating authority. He submits that difference was due to the reason that stock in RT-12 returns was shown inadvertently, which has been established on the basis of RT-12 retuns and RG-1 register. Some quantity was taken and used captively for packing of export goods, which was shown as production but same was not shown as clearanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts such as RT-12 returns/ER-1 returns, RG 1 register and stock verification conducted by the department, therefore records which is basis for explanation of the respondent cannot be said it is afterthought and no new material was brought by the respondent. The explanation is based on the existing record, which was there at the time of recording panchanama, in such a situation the rejection of all the submissions and documents by the adjudicating authority contending that it is afterthought is absolutely incorrect and it is in clear violation of natural justice. Ld. Commissioner(Appeal) has also not properly verified all these submission made before him therefore matter needs to be remanded to the adjudicating authority with the direction t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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