2004 (12) TMI 509

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..... nt. [Order]. There is a duty demand of Rs. 1,05,300/- and penalties of Rs. 1,06,000/- and Rs. 2000/-. The duty demand is on the basis that when stock taking was done (by dip reading) in the appellants molasses storage tank by Central Excise Officer on 8-9-1988 there was a shortage of about 280 qtls. Further, the appellant has also declared a shortage of 1826 qtls. Hence duty demand has b .....

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..... ip reading. 3. I have perused the records and heard the learned DR also. There is no justification for the demand of duty or imposition of penalty in the present case. Except for the shortage noted on stock taking, there is no evidence suggestive of clandestine removal or of the goods. Shortage up to 2% remains accepted by the Board Circular due to natural causes, while shortage in the recent ca .....

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