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TMI Blog2015 (10) TMI 1659X X X X Extracts X X X X X X X X Extracts X X X X ..... ited on 29.07.2009 at 11.05 hrs and panchnama was drawn. It is also a fact on record that proceedings were concluded at 11.30 hrs on 29.07.2009. That is whole of the proceedings were completed within a span of 25 minutes i.e. drawing of the panchnama and physical verification of stock of almost 2000 Metric tonnes which is not possible by all the means. Therefore, stock taking is not proper and sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant : Shri Alok Arora, Adv. For the Respondent : Shri R K Mishra, DR ORDER Per: Ashok Jindal: The appellant is in appeal against the impugned order demanding duty, interest and penalty. 2. The facts of the case are that the appellant is engaged in manufacturing of MS Bar. On 29.07.2009 the physical verification of stock was conducted and it was found that there is a shortage o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on 29.07.2009 at 11.05 hrs and panchnama was drawn. They left the premises at 11.30 hrs. In 25 mins the whole of the stock cannot be verified as, as per the books of account the stock was 1992.260 and physically verified from 1890.03 the stock was taken on estimation assumption and same is not admissible as held by this Tribunal in the case of C.C.E. Meerut Vs. Shri Balaji Ispat Pvt. Ltd. -2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that time. In this circumstances demand is sustainable. 5. Heard the parties. Considered the submissions. 6. It is an admitted fact that in this case factory was visited on 29.07.2009 at 11.05 hrs and panchnama was drawn. It is also a fact on record that proceedings were concluded at 11.30 hrs on 29.07.2009. That is whole of the proceedings were completed within a span of 25 minutes i.e. d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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