2012 (9) TMI 568

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..... nvestigation story - once the physical inventory resulted in shortage, onus of proof was discharged by investigation, thus burden of proof was discharged by Revenue bringing home the appellant to the shortage found. AS Revenue is not in appeal against reduction in penalty by first appellate authority it is settled law that appellant should not be put to adversity when other side does not chall .....

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..... rder. 4. There is no evidence to show that the appellant reconciled the stock shortage of 69.05 M.T. of finished goods found in the course of investigation on 1.2.2008. Out of total stock of 333.539 M.T. of finished goods recorded in RG-1 register the shortage of 264.489 M.T. resulted by physical inventory investigation. Oral evidence was recorded in the course of investigation which demonstra .....

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..... ithout rebuttal. Rather admittance was the outcome of first exercise of opportunity of defence. Secondly, the appellant got opportunity before adjudicating authority to discharge its burden of proof, where he failed. In the first appellate stage facts remained in tact without making investigation exercise futile. Therefore, nothing more to speak on questionable modus operandi followed by Appellant .....

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