2017 (10) TMI 1118

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..... given by the Ld. Counsel for the appellant although stock taking has been done on eye estimation basis. As a particular item is having nil stock, in that circumstances, the charge of shortage and clandestine removal stands proved. For rest of the demand the revenue failed to prove that the goods found short as stock taking has been done on eye estimation basis. In that circumstances, the rest o .....

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..... w materials. On the basis of the shortages, it was alleged that appellant is engaged in activity of clandestine removal of goods, therefore, the proceedings were initiated against the appellant to demand duty on the short goods along with interest and to impose penalty on the appellant. The matter was adjudicated demand of duty on shortage alleging clandestine removal of same was confirmed along w .....

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..... , the appellant cannot take the defense that stock taking was done on eye estimation basis. 5. Heard the parties considered submissions. 6. I have gone through the panchnama drawn during the course of investigation itself where it has been clearly mentioned that stock taking has been done on eye estimation basis and as per the Annexure certain goods found as declared and in certain cases, .....

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