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TMI Blog2016 (4) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... stock verifier's report also indicated that the approval of various representatives of the assessee who were also associated with the Chartered Accountant was taken of the manner of verification. The stock verification was done in the presence of the custodian of the bagged calcined alumina, Internal Audit Department, Representative of Finance Department and the Departmental Representative of Raw Materials. The report also shows that the discrepancies and reconciliation were discussed with the concerned officials during the course of verification as well as while finalizing the report. The report further goes on to say that the findings of the Auditor of M/s. R.K. Das & Associates for the year 1992-93, 1993-94 and 1994-95, have duly been a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hearing today. The notice issued to the appellant has not been returned undelivered and there is also no request for adjournment. As the appeal pertains to the year 2002, therefore, the same cannot be kept pending any longer. 3. Shri S.S. Chatterjee, Supdt. (A.R.) appeared on behalf of the Revenue. Ld. A.R. relied upon the case law of the appellant itself reported as NALCO Vs. Commr. of C. Ex., BBSR-I [2003 (159) ELT 370 (Tri.-Kolkata)]. It was strongly argued by him that stock taking taken by the statutory auditors of the appellant was sufficient to hold that the inputs were diverted by the appellant and accordingly, demand of CENVAT Credit and imposition of penalty has been correctly adjudicated against the appellant. Ld. A.R. strongly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on the appellants. The contention of Revenue was that there were separate bin cards. Shortages have been arrived at after examining the bin cards in details. We note that the bin cards should have shown receipt and issues of various quantities from these two sources. Since the two sources were distinct and different, therefore, there was no question of mix up. In the report submitted by the stock verifier, it has been mentioned that the representative of the Finance Department and the concerned custodian department of the assessee were present during physical verification; that not only the bagged calcined alumina kept in stores, but also 11 racks kept open at platform which were fit for use in the manufacturing process were accounted for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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