2008 (2) TMI 706

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..... . -  Heard both sides. 2. The Revenue has filed this appeal against impugned order passed by the Commissioner (Appeals) whereby demand of duty and penalty in respect of shortage of inputs were set aside. 3. Brief facts of the case are that premises of the respondents was visited by the officers of Revenue and during verification it was found that there was shortage of 348.4 M.T. .....

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..... correctness of Panchnama is not disputed at the spot and shortage admitted hence, demand was rightly made. 5. I find that at the time of physical verification of stock on the Panchnama it was written by authorized representative 'weight of sponge iron not by weighing machine but by counting of bags'. There is no admission on record by the respondents that the goods were found short and the s .....

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