2010 (11) TMI 283

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..... peals) after noting that it was merely a case of unexplained shortage and that there was no evidence of any clandestine removal of the finished goods or disposal of inputs on which the credit had been taken, has set aside the penalty - Decided in favour of assessee. - E/1047/2009-SM(BR) - 1346/2010-SM(BR)(PB) - Dated:- 23-11-2010 - Shri M. Veeraiyan, JJ. REPRESENTED BY : Shri I. Baig, SDR, .....

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..... it Rules, 2004. The Commissioner (Appeals) after noting that it was merely a case of unexplained shortage and that there was no evidence of any clandestine removal of the finished goods or disposal of inputs on which the credit had been taken, has set aside the penalty. The grounds of appeal do not disclose any materials which can upset the above finding of fact by the Commissioner (Appeals). 4. .....

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