9911796707
TMI Blog2013 (7) TMI 708X X X X Extracts X X X X X X X X Extracts X X X X ..... was detected – Director of the company accepted the shortages of goods but did not accept that the finished goods were cleared by them without payment of duty – Held that:- There was no actual weighment in the stock or MS Bars of Ingot. Such stock-taking was done on the basis of assumption and the calculations made upon the basis of number of bundles available and the average weight of one bundle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent. 2. As per fact on record respondent are engaged in the manufacture of MS Bars falling under chapter 72 of the Central Excise Tariff Act, 1985. Their factory was visited by the officers on 09.01.2009 who conducted various checks and verification. As a result a shortage of 187.685 MT of finished goods and 11.335 MT of inputs was detected. Though the director of the company in his statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ous sizes of bundles and the number of pieces of bars contained in each bundles. She Revenue weighed one bundles each of various sizes of MS Bars at the weigh-bridge installed in the assessee factory and thereafter the number of bundles lying in the factory were counted and the calculation were made to arrive at the stock lying in the factory premises. As such the total weight was arrived on the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tages of goods reflect upon the clandestine clearance of the same. 6. I have gone through the said decision of Hon ble Madras High Court. It stands recorded in para 6 of judgment that the assessee did not raise any objection at the time of stock taking as regards the improper method of verification of stock. Apart from this, there were other evidences of loading coke breeze and the limestone etc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he calculations made upon the basis of number of bundles available and the average weight of one bundle. It is well settled law that Revenue cannot allege clandestine removal based upon the shortages detected at the time of physical stock taking, without there being any independent corroborative evidence. In as much as in the present case there is nothing on record to show the clandestine removal ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
