2009 (9) TMI 760 - AT - Central Excise

Summary

The Appellate Tribunal CESTAT KOLKATA heard an appeal filed by the Revenue against an order by the Commissioner (Appeals) of the Central Excise. The Commissioner ruled that there was no stock shortage at M/s. Gajanan Steels Ltd. and that the penalty on Director Shri R.K. Gupta was beyond the scope of the proceeding. The Tribunal remanded the matter to reconcile discrepancies with IS standards, which the Revenue agreed to. The Revenue's grounds for appeal included the IS standard calculation and the Director's voluntary statement. The Commissioner found that the shortages were within IS tolerance limits and dismissed the appeal, upholding the penalty imposed on Shri R.K. Gupta. The Revenue's appeal was subsequently dismissed. The order was dictated and pronounced in open court.