TMI Blog2019 (11) TMI 1257X X X X Extracts X X X X X X X X Extracts X X X X ..... lty on the appellant - director under Rule 26 is set aside. Appeal allowed - decided in favor of appellant. - Appeal No. E/50226/2014-EX[SM] - FINAL ORDER NO. – 70709/2019 - Dated:- 27-3-2019 - Hon ble Mr. Anil Choudhary, Member (Judicial) Shri Ashish Kumar Shukla (Advocate) for Appellant Shri Pawan Kumar Singh (Supdt.) AR for Respondent ORDER Per: Anil Choudhary The appellant is a Director of Shri Bhawani Print Laminates Pvt. Ltd., engaged in manufacture of plastic printed laminated rolls/pouches/bags which are dutiable products. There was a search by the Revenue officers on 20/10/2010. During the search stocktaking was done which resulted in detection of some shortage in the stock of finished goods/raw m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6,40,206/- 65,941/- 2. Raw Material Multilayer Film 8932.800 7840.00 (-)1092.800 90702 9342 9342 Adhesive 650 560 (-)90 16380 1687 1687 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... signatory Shri K.K. Shukla in his statement recorded on the date of search admitted the shortage in the stock of finished goods valued at ₹ 6,40,206/- and agreed to deposit the duty of ₹ 65,941/-. He also accepted the shortage of raw materials and assured for payments. Further he could not explain the discrepancies found in the stock of raw materials and finished goods. Further the statement of this appellant - Shri Arpit Jain was also recorded on 29th of October, 2010 wherein he stated after going through the stock, statement that it appears that some goods have been cleared without payment of duty due to negligence of staff. Based on such facts show cause notice was issued dated 18/04/2011 among others proposing personal pena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in production of finished goods etc., as is evident from the statement recorded on 29/10/2010. 4. Being aggrieved the appellant preferred appeal before the learned Commissioner (appeals) was pleased to reject the appeal of both the company and the director. Being aggrieved the appellant and the company preferred appeals before this Tribunal. The appeal of the company (Appeal No. E/51239 of 2014-Ex) stand disposed of vide Final Order dated 20.03.2015 by which the duty on the deemed production of finished goods for the alleged shortage of raw material was deleted. However redemption fine was reduced confirming the confiscation. The learned counsel for the appellant - director states that there being no instance of any active removal of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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