2010 (7) TMI 1002

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..... ucted and therefore the shortage cannot be ascertained - Held that: - The evidence on record is sufficient to come to the conclusion that there was shortage which was not accounted in the statutory records viz. RG.1 Register of the assessees thus justifying the duty demand together with interest - penalty imposed is set aside as this is, admittedly, not a case of clandestine removal of goods by th .....

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..... the basis of unretracted statement of Shri J.Balaji, Manager of the assessee-company and the mahazar, clearly showing shortage. The assessees defence which has been accepted by the Commissioner (Appeals) is that no proper physical verification was conducted and therefore the shortage cannot be ascertained. However, I find that mahazar clearly recording the shortage has been signed by Mr.Balaji .....

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..... ining the shortage and drawing of the mahazar and this also fortifies the case of the department that shortage being detected was recorded in the mahazar. The evidence on record is sufficient to come to the conclusion that there was shortage which was not accounted in the statutory records viz. RG.1 Register of the assessees thus justifying the duty demand together with interest. However, penalt .....

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