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TMI Blog2016 (12) TMI 924X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 26th October 1979 referred to provides for tolerance of shortage in the normal course of ascertainment during annual stock-taking; here, the shortage was not denied at the time of check in the course of investigation. Reliance placed on the decision of the case of Goyal Ispat Ltd v. CESTAT, Chennai [2015 (3) TMI 866 - MADRAS HIGH COURT], where it was held that the non-recording of the corr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmed by original authority who also imposed penalty under section 11AC of Central Excise Act, 1944. First appellate authority, Commissioner of Central Excise (Appeals)-II, Mumbai, vide impugned order-in-appeal no. US/124/RGD/2012 dated 27 th February 2012, concurred leading to this appeal. 2. Appellant is a manufacturer of various steel products and shortage was ascertained at 80.245 metri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omplied with. 3. Learned Authorized Representative urged that these submissions be rejected as the statement of the factory-in-charge clearly confirmed the shortage and was conspicuous in not having them put forth the claim of possible sources of error which, according to Revenue, is an afterthought. The reliance placed by Revenue on the decision of the Hon'ble High Court of Allahabad in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which has been done in the presence of the independent witnesses and such shortage was supported by the unretracted statement of Mr. Balaji, Manager of the assessee company. In this view of the matter, the non-recording of the correct quantity of goods in the statutory record, viz., RG.1 register maintained by the assessee establishes the case for demand of duty, more so in a case of statement ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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