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TMI Blog2007 (3) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... 005. 2. Heard both sides. 3. The relevant facts, in brief, are as follows :- (a) The Excise officers visited the appellant company around 4.15 p.m. on 17-7-1999 and conducted stock verification and noticed that the goods valued at Rs. 7,69,087/- involving duty amounting to Rs. 1,23,064/- was lying unaccounted in the factory premises. (b) The authorized signatory of the appellant company submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 P.M. Whiskey cartoons, 357700 numbers of Charms Viginia Shells, 700000 numbers of Cavender Magna Shells total 2112860 numbers valued at Rs. 7,69,087/- were found excess which were not accounted for in RG-1 register. Shri Rajesh Kejriwal, Manager-cum-Authorized Signatory has admitted in his statement dated 17-7-1999 that the stock of finished goods found excess than the recorded balance in RG-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vocate for the appellants submits that the company is run on three shifts. As per the practice followed, the production of two shifts of previous day and production of the first shift of the current day used to be recorded at the end of the day. Some of the goods, which were treated as unaccounted, related to the production of 17-7-1999 and the same was pending for inspection. However, the private ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17-7-1999, which were waiting to be entered in the records. The submission that these productions have been recorded in their private records has not been contradicted. I hold that there is failure to account inasmuch as the production of two shifts of 16-7-1999 have not been promptly recorded till 4.15 p.m. on 17-7-1999 whom the officers visited. But this can only be in the nature of technical vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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