TMI Blog2017 (12) TMI 542X X X X Extracts X X X X X X X X Extracts X X X X ..... umptive - appeal allowed - decided in favor of appellant. - E/51556/2017-EX[SM] - A/58155/2017-SM[BR] - Dated:- 17-10-2017 - Mr. Anil Choudhary, Member (Judicial) Shri R. K. Hasija, Advocate, for Appellant Shri G. R. Singh, (AR), for Respondent ORDER Per: Anil Choudhary The issue in this appeal is, whether (the appellant was engaged in the manufacture of M.S. Billets M.S. Bars) duly have rightly been levied on apparent shortage of stock. 2. According to Show Cause Notice issued, an investigation was carried out in the factory premises of the appellant on 16th February, 2012, wherein the physical stock verification of finished goods was conducted and physical stock verification of finished goods is as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted verification of their stocks since long which has resulted in shortage in stock. Having agreed with the shortage of stock, they are going to deposit the Central Excise duty amounting to ₹ 3,19,784/- which was deposited by the assessee and a copy of e-receipt dated 20th February, 2012 under intimation to Revenue. 4. It appeared to Revenue that stock found short on physical verification was not available in the factory premises of the appellant/assessee and there was no plausible explanation to the said shortage and thus, there appeared a case of clandestine clearance by the appellant/assessee with intent to evade payment of duty. Further, it appeared to Revenue that the goods found short were liable to confiscation for violatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use Notice is presumptive in nature and not based on the legal provisions. 7. Heard the ld. A. R. for Revenue, who relied on the impugned order. 8. Having considered the rival contentions and on perusal of the facts on record, I find from a copy of the Panchnama on record that there is no record of weighment, forming part of the Panchnama. Thus, I hold that the stock verification of the finished goods have been done by way of eye estimation only. Further there is variation of 10%, which is normal in the facts and circumstances of the case, where the stock verification of the finished goods has been done by way of eye estimation. Thus, the demand cum show cause being vague and presumptive in nature, is not sustainable. Accordingly, I a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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