9911796707
TMI Blog2015 (2) TMI 791X X X X Extracts X X X X X X X X Extracts X X X X ..... 7,97,316/-. The weighment of raw material was disputed by the appellants on the very next day and lodged their protest before the Addl. Commissioner concerned and request for weightment on physical basis of raw material but the said request has been turned down by the adjudicating authority on the premise that the letter dated 01.08.2002 is an after-thought. I have gone through the statement of Director recorded subsequently also but these statements do not confirm the acceptance of the shortage of raw material by the Director. Further, I find that the case has been made out on the basis of Panchnama drawn during the course of investigation and the permission for cross-examination of panchas was not given to the appellants. Therefore, I hol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit on the differential quantity of scrap which is not admissible to them. Accordingly, a show-cause notice was issued. The matter was adjudicated and a demand of ₹ 17,97,316/- along with interest and equivalent amount of penalty has been confirmed against the main appellant and penalties on the Director was confirmed to the tune of ₹ 15,000/- and on the Production Manager to the tune of ₹ 10,000/- under Rule 26 of the Central Excise Rules, 2002. The said order was challenged before the learned Commissioner (Appeals) who reduced the demand to ₹ 14,81,203/- but confirmed the rest of the order passed by the adjudicating authority. Aggrieved by the said order, the appellants are before me. 3. Heard both sides. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present at the time of stock verification and they have admitted the shortage of stocks. Although statements were recorded but in those statements it is stated by the Director that they will pay the remaining amount against the inadmissible CENVAT credit within the short period of time. Therefore, it was an admission on the part of the appellants of the shortage recorded during the course of investigation. Therefore, the appellants are not entitled any benefit by way of these appeals. He further submits that the case law relied upon by the appellants have been considered by the learned Commissioner (Appeals) and the case law relied upon by the learned Counsel wherein the case relates to the shortage of small quantity but in this case the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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