TMI Blog2018 (6) TMI 240X X X X Extracts X X X X X X X X Extracts X X X X ..... written up to 21.02.2004, whereas the raw material account was written up to 16.02.2004. The director admitted the above facts in his statement. It is also a fact that the appellant allotted marked same lot numbers again to the fabrics received from processing. There has been deliberate violation of central excise law by the appellant unit. No proper explanation has been given for above discr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, the officers ascertained stock of the raw material and finished processed fabrics lying at various stages viz. grey fabrics, fabrics in process, finished processed fabrics both lose or bale packed, lot wise. It was observed that in certain lots though the fabrics were available in factory as per records, the same was not found (in other words found short) and in certain lots though as per recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. It was also proposed to impose penalty under Rule 26 of CER, 2002 on Shri Ravi Bhalotia, Director. The demand was confirmed by the adjudicating authority and subsequently by Commissioner (Appeals). Hence the present appeals. 3. No one appeared on behalf of Appellants. 4. Shri Sanjay Hasija, Ld. Superintendent (AR) appearing for revenue reiterates the findings of the impugned order and sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uty on shortages cannot be demanded. It is further submitted by them that Shri Ravi Bhalotia, director in his statement dated 24.04.2004 has stated that he will have to check records and that further in his statement dated 17.06.2004 he has refused that there has been any excess stock. We find that the physical inspection of goods were carried out in presence of director on the day of visit on 23. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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