9911796707
TMI Blog2013 (10) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... basis of the registers maintained and seized during the course of search had demonstrated that there was no shortage except and accordingly demand of duty on man-made fabrics in excess had been dropped - It was not the case of the revenue that the entries made in the lot registers maintained by the assessee to the effect that the goods were lying in the factory at different stages of production w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justified in upholding the order of the Adjudicating Authority in dropping the demand of excise duty on finished products found short during the course of search. 2. In the present case, based on the statement of the accountant/ panchanama recorded on 14th November, 1998, a show cause notice was issued calling upon the assessee to show cause as to why duty amounting to Rs. 14,99,870/- should not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of the CESTAT, the Revenue has filed the present appeal. 4. It is the contention of the Revenue that the CESTAT erred in discarding the statement/panchanama recorded on 14th November, 1998 and accepting the reconciliation statement submitted by the Director subsequently during the course of adjudicating proceedings. According to the Revenue, in the absence of any retraction of the statement r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o have been short during the course of search, the assessee on the basis of the registers maintained and seized during the course of search has demonstrated that there is no shortage except to the extent of 35,059.80 L. mtrs. and accordingly demand of duty on man-made fabrics in excess of 35,059.80 L. mtrs. has been dropped. It is not the case of the revenue that the entries made in the lot regist ..... X X X X Extracts X X X X X X X X Extracts X X X X
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