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TMI Blog2015 (3) TMI 1139X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner (Appeals) that the stock taking of finished goods was done on eye estimation basis. In these circumstances demand is not sustainable. With taking of raw material in the Panchnama, it is mentioned that the raw material is in the bags of 50 kg each and bags have been counted physically. Therefore, the stock has been counted physically. Further, I have seen the raw material is in the stock register as on 17-7-2009 is 1258.935 MT against recorded stock as 1375.235, therefore, the shortage of works out to 608.935 MT of raw material instead of 725.235 MT. In these circumstances, the impugned order is modified to demand duty on shortage of raw material of 608.935 MT. With these observations, the matter is sent to the adjudicating autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee is in appeal for confirming the charge of shortage of raw material. 3. As both the appeals are preferred against the same order therefore, they are taken up for consideration together for final disposal. 4. The ld. Counsel for the assessee submits that the stock of finished goods was done on eye estimation basis. Therefore, the ld. Commissioner has rightly dropped the demand on finished goods. He further submits that while taking the stock of raw material on 17-7-2005, the recorded balance in the books of accounts was 1375.235 MT was only on 14-7-2009. But on 17-7-2009 the actual stock balance was 1258.935 MT. Therefore, there is an error while taking the stock by the authorities below. He further submits that the raw material was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al that all the ingots being almost of identical dimensions the total stock can be ascertained by way of counting the total number of ingots and multiplying the same with the average weigh of one ingot taken on actual weighment of 10 ingots lifted randomly from different stacks. The total number of M.S. ingots was found to be 502 pcs and accordingly the total stock of M.S. Ingots on physical verification was found to be 52.71 MT that was found to be 116.2 MT short of the stock recorded as per daily stock register. From the foregoing, particularly the relevant Panchnama, it is apparent that the weighment of the stock of the said finished goods was not actually physically done by the visiting officers i.e. the alleged shortage in stock a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eals) that the stock taking of finished goods was done on eye estimation basis. In these circumstances demand is not sustainable. 9. Further, I find that with regard to taking of raw material in the Panchnama, it is mentioned that the raw material is in the bags of 50 kg each and bags have been counted physically. Therefore, the stock has been counted physically. Further, I have seen the raw material is in the stock register as on 17-7-2009 is 1258.935 MT against recorded stock as 1375.235, therefore, the shortage of works out to 608.935 MT of raw material instead of 725.235 MT. In these circumstances, the impugned order is modified to demand duty on shortage of raw material of 608.935 MT. With these observations, the matter is sent to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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