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TMI Blog2013 (10) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... resent of the appellant’s the Excise Clerk and at that time he had accepted the said shortages - There is nothing in the record to show that the quantity of the Pig Iron in the stock had been determine only by eye estimation and not by actual weighment - this is a point of fact which can be decided only at the time of the final hearing - the appellant are directed to deposit an amount - On deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Department the verification revealed shortages of 317.112 MT of Pig Iron vis-a-vis the balance recorded in RG23A register on which the Cenvat Credit involved was Rs. 2,59,944/-. Subsequently the statement of Sh. Binod Kumar Jaiswal, Managing Director was recorded wherein he could not explain the shortage. The Department being of the view that the Cenvat Credit availed of Pig Iron found short was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application. 3. Sh. R.S.Sharma, learned counsel for the appellant, pleaded that there was no actual shortage of Pig Iron, that the shortage arrived at without physical weighment and only on eye- estimation basis is not actual, that in this regard the Managing Director had been contesting the Departments allegation regarding shortage, that when no physical weighment has been done only on eye-est ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ea that there is no shortage and that in view of this, this is not a case of total waiver. 5. I have considered the submissions from both the sides and perused the records. In terms of the facts as recorded in the Show Cause Notice and the Adjudication Order, the stock taking had been done in the present of the appellant s the Excise Clerk and at that time he had accepted the said shortages. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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