2009 (5) TMI 724 - AT - Central Excise

Summary

The Appellate Tribunal CESTAT, New Delhi upheld the Commissioner (Appeals) decision to reject the appeal filed by the Revenue. The shortage of finished goods involving Central Excise Duty was detected during stock verification, but there was no evidence of mens rea or clandestine removal of goods by the respondent. The penalty imposed was not justified as per Section 11AC of the Central Excise Act, 1944. The appeal was dismissed on 15-5-2009.