TMI Blog2017 (11) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... re not attributable to accounting errors or complexities but are due to unaccounted clearances finished goods and consumption of raw material. In the absence of any such corroboration the assessee's plea on the non-sustainability of order reversing credit or demanding duty has strong force and is to be admitted - appeal allowed - decided in favor of appellant-assessee. - Excise Appeal No.52651, 52687 of 2015 - A/56959-56960/2017-EX[DB] - Dated:- 4-10-2017 - Mr. (Dr.) Satish Chandra, President Versus Mr. V. Padmanabhan, Member (Technical) Shri Hemant Bajaj, Advocate for the Appellants Shri H C Saini, AR for the Respondent ORDER Per: (Dr.) Satish Chandra The present appeal is filed against Order-in-Original No.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri H C Saini, learned DR for the Revenue. After hearing both the sides, it appears that identical issue has came up before the Tribunal in appellants own case for the earlier period. Tribunal vide Final Order No.52490-52491/2015 dated 04.08.2015 has observed as under: 5. The admitted facts of the case are that the assessee is having computerized accounting which manages end to end operations i.e. from the set of procurement of raw material to sale of finished goods. It is also admitted fact that there are large varieties of raw materials, work-in-progress and finished products. The consumption of raw material goods which are used in process of making and the finished goods are not physically numbered and accounted on day-to-day basi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... repancy in physical stock has come to light only as per the stock taking conducted by the assessee, there is no allegation or evidence to the effect that the shortages/excesses are not attributable to accounting errors or complexities but are due to unaccounted clearances finished goods and consumption of raw material. In the absence of any such corroboration the assessee s plea on the non-sustainability of order reversing credit or demanding duty has strong force and is to be admitted. Accordingly, we find the reversal of credit on the raw material and the demand of duty on the finished goods solely on the ground of physical stock taking done by the assessee is not sustainable in the facts and circumstances of the present case. 6. On ..... X X X X Extracts X X X X X X X X Extracts X X X X
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