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TMI Blog2017 (5) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... ainable, only for some apparent shortage found at the time of stocktaking without any instance of clandestine activity on the part of the manufacturer - on the discrepancy pointed on inspection appellant had reversed the Cenvat credit taken on the raw material and paid the duty on the finished goods found short, under intimation to the revenue - the SCN is vague and presumptive and accordingly not sustainable - appeal dismissed - decided against Revenue. - Appeal No. E/330/2011-EX [DB] - Final Order No. 70410/2017 - Dated:- 21-4-2017 - Mr. Anil Choudhary, Member ( Judicial ) Shri Sandeep Kumar Singh, Deputy Commissioner (AR) for Appellant Shri Kartikeya Narain, Amicuscurie, for Respondent ORDER Per Anil Choudhary Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le on the finished goods found short 85.800 MT at ₹ 4,50,106.04/-. The director of the respondent Mr. Sharad Lahoti was present at the time of inspection. The statement of Mr. Lahoti was recorded and on being asked about the shortfall of raw material and finished goods, he expressed inability to explain the reason immediately. However, he agreed to reverse the Cenvat credit by debiting the Cenvat account, and on the same day debited the Cenvat account by ₹ 36,78,229/- vide Entry No.365 dated 28/08/2008. Further, he assumed to deposit duty of ₹ 4,50,106/- in the near future. Thereafter, on 23/08/2008, he filed a representation before the authority, submitting reasons for shortage of 844.63 MT of raw material MS ingots and 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estine activity on their part. He further stated that they have removed those technical persons and have employed new set of technical staff. It is further observed in the show cause notice dated 13/08/2009 that from the aforesaid facts it appears that the detection of shortage in the inputs was, such inputs either used in manufacture of final product and/or the final products so manufactured was not accounted for, in the statutory records and cleared without payment of duty. Accordingly, on such presumption the show cause notice was issued demanding duty of ₹ 36,78,229/- with proposal to appropriate the same amount from the amount already deposited on 20/08/2008, with further proposal for demand of ₹ 4,50,106/- with proposal to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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