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TMI Blog2017 (1) TMI 1455X X X X Extracts X X X X X X X X Extracts X X X X ..... cted during stock taking can be held as shortage due to clandestine removal of goods, without any cogent evidence? - Held that: - it was observed that during the last six months i.e. from July 2010 to 24 January 2011, they have produced 8712.220 MT of MS Ingot and the shortage detected is only 0.63% of the production during the period in question and hence a very small negligible difference has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry, Member(Judicial) Shri Anjan Dasgupta, Advocate for the Appellant (s) Shri S. Mukhopadhyay, Supdt.(AR) for the Revenue (s) ORDER Per: Shri P.K. Choudhary Heard both sides and perused the appeal records. 2. The appellant, in their appeal, framed the questions as to whether shortage of finished goods detected during stock taking can be held as shortage due to clandestine removal of goods, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and to appropriate the amount as deposited by the appellant company and also to enforce penalty on the Director of the company. The adjudicating authority confirmed the demand of ₹ 1,53,094/- along with interest and also imposed penalty of equal amount of duty under Section 11AC of the Act. The amount of ₹ 1,53,094/- has also been appropriated out of the amount of ₹ 1,60,000/- as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctor of the appellant company in his statement stated that it might be an accounting error. But, they have voluntarily deposited the amount. According to Commissioner (Appeals), such acceptance is nothing but admission of offense on the part of the appellant. I am unable to accept the findings of the Commissioner (Appeals). It is well settled that there is some material required to establish the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le Allahabad High Court in the case of Bajrang Petro Chemicals (P) Ltd. v. Commissioner of Central Excise, Kanpur [2015 (317) ELT 243 (All.)]. In that case, there was huge shortage of finished goods for which no explanation was offered at the time of stock taking. In the instant case, there was a shortage of negligible quantity and the assessee has offered an explanation and therefore, the case la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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