9911796707
TMI Blog2011 (8) TMI 896X X X X Extracts X X X X X X X X Extracts X X X X ..... is no material or evidence of any kind to support the findings, that there was clandestine removal, which did not tally with the physical stock - Appeal is dismissed - 178 of 2006 - - - Dated:- 1-8-2011 - Sunil Ambwani and Pankaj Mithal, JJ. REPRESENTED BY : S/Shri Ajay Bhanot and S.P. Kesarwani, Counsel, for the Appellant. [Order]. The stamp reporter has reported that in the abs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the following grounds :- a. Whether the order of the Tribunal can be held as legal proper where penalties imposed under Section [(sic) Rule] 25 of Central Excise Rule, 2002 U/R 13 of the Cenvat Credit Rule, 2002 have been vacated without any justifiable legal reason whereas penalties were imposed in accordance with law? b. Whether the Tribunal s could pass the order without examin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued, can alter the liability for penalty, the conditions for which are clearly spelled out in Section 11AC of the Central Excise Act. 11. Section 11AC of the Act authorizing levy of penalty, pre-supposes an intention to evade the duty, where any duty has not been levied, or paid or has been short-levied or short-paid or erroneously refunded by reason of fraud, collusion or any willful mis-stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... landestine removal, which did not tally with the physical stock. In substance it was found that there was shortage of finished goods. The shortage of finished goods, by itself could not unless it is related to clandestine removal of finished goods for which there was no material evidence, infer evasion of excise duty, and thus no penalty can be imposed. 14. The appeal is dismissed. - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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