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TMI Blog2018 (8) TMI 1665X X X X Extracts X X X X X X X X Extracts X X X X ..... se are that during the course of audit, it was noticed that in the ER-1 returns relating to principal input for the months of January and February, 2011, the closing stock of these months in respect of PP granules and MB granules did not tally with the opening stock of February 2011 and there was a shortage of 7850 Kgs. and 774.5 Kgs. respectively of the above said granules. Show cause notice was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red. That there was no intention to evade payment of duty and there is no actual shortage of stock as alleged by the department. It is argued that the ld. counsel that in ER6 returns, they had properly reflected the shortage and there was no suppression. The rectification made good could not to be linked in the ER 6 returns as there was no facility in such returns of making that the previous error ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirmed along with interest and equal penalty has been imposed under section 11AC of the Act.. The ld. counsel for appellant has adverted to para 6 of Order-in-Original wherein it is brought out that for the period November 2010 and December 2010, the appellant shown excess quantity of inputs which was thereafter rectified by showing shortage in the month of January and February 2011. The Table ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... query raised by the Range Officer explaining the error in accounting and the subsequent rectification. Even then show cause notice for the period February 2011 has been issued only on 23.4.2015 invoking extended period alleging suppression of facts. There is absolutely no evidence to establish suppression of facts with intent to evade payment of duty. Hence the demand is time-barred. 7. In the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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