2009 (2) TMI 128

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..... ng stock verification stood explained. As per the statement of the Director, the day-to-day affairs of the company were not being looked after by him and, therefore, he was not able to explain the shortage. There is no material to support the clandestine removal of inputs. Once the aforementioned findings of fact are there then it is not possible to apply the provisions of section 11AC of the Act .....

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..... k verification stood explained. As per the statement of the Director, the day-to-day affairs of the company were not being looked after by him and, therefore, he was not able to explain the shortage. The Tribunal has further recorded a finding that there is no material to support the clandestine removal of inputs. Once the aforementioned findings of fact are there then it is not possible to apply .....

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..... Director for the reason that he was not dealing with the affairs of the company on day-to-day basis. Therefore, the judgments in the aforesaid cases would not affect the merit of the controversy once the substantive findings are against the appellant. No question of law warranting admission of the appeal would arise. Accordingly, the appeal fails and the same is dismissed. C.E.A. No. 40 of 2009 .....

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