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TMI Blog2010 (5) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal is, therefore, dismissed - E/3146/2006-SM(BR) - 562/2010-SMIBRXPB) - Dated:- 13-5-2010 - Shri M. Veeraiyan, Member (T) REPRESENTED BY: Shri Jatin Mahajan, Advocate, for the Appellant. Shri S. K. Bhaskar, JDR, for the Respondent. [Order]. - This is an appeal against the order of the Commissioner (Appeals) Na 193/CE/Jal/2006 dated 31-5-2006. 2. Heard both sides. 3. The relevant facts, in brief, are that the appellants were visited by the officers on 10-9-2003. They found the recorded balance of finished goods -unmachined steel forgings to be 37140 Kgs. and physical stock available was only 19130 Kgs. and thus, the shortage of 18010 Kgs. valued about Rs. 7,20,400/- involving duty of Rs 1,15,264/- was detected. There ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rectly worked out. Therefore, he is disputing the duty demand on the alleged shortage found in respect of finished goods as well as shortage found of furnace oil received from IOC. He further submits that in respect of furnace oil, the Original Authority merely by discussing examples relating to three invoices and few more entries referred to in the Annexure to Show cause notice disallowed credit of Rs. 36,819/-. However, he failed to discuss every entry thoroughly. He relied on the decision of the Tribunal in the case of Shiva Steel Rolling Mills v. CCE, Kolkata-II reported in 2005 (186) E.L.T. 326 (Tribunal - Kolkata) and S.MR. Cotton Mills (P) Ltd. v. CCE, Salem reported in 2006 (196) E.L.T. 45 (Tribunal-Chennai) to contend that no concl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ished goods. The appellants, while failed to maintain statutory records up to date, were found to maintain up to date records privately and the slip pad contained details upto September, 2003 which showed unaccounted clearances form the factory. Therefore, the intention of the appellahts is clear form the circumstances. 8. Regarding the challenge about the manner of stock taking in respect of furnace oil, it is to be seen that the private records recovered from them clearly indicated quantities of inputs received on different dates and the bills received by them without accompanying the goods. The authorities below have accepted their explanation that the bills related to consignment of goods received earlier and accordingly, allowed prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce signed by the Consultant and Advocates of the appellants can not dilute the evidenciary value of the statement. 10 The decision of the Tribunal in the case of Shiva Steel Rolling Mills cited supra is on a finding that the basis of deficiency arrived at by the Department was not disclosed and the stock verification was done only on the basis of eye estimation. In the present case, the stock taking was done in the presence of witnesses and the same stands admitted by the Authorized Signatory and his statement is not retracted. The facts of the present case do not justify following the decision in the case of Shiva Steel Rolling Mills. 11. The decision of the Tribunal in the case of S.M.R. Cotton Mills (P) Ltd. v. CCE, Salem reported in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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