9911796707
TMI Blog2001 (10) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... of Modvat credit of Rs. 94,477/- on inputs found short and imposition of penalty of Rs. 25,000/-. 2. The facts of the case in brief are that the Central Excise Officers visited the factory premises on 17-7-1997. On physical verification of the stock, they found an excess 159 rolls of polyfilm weighing 3340 kgs. and 1475 kgs. of LDPE granules. The Officers on scrutiny of the records also found sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch has been found short had been used in the manufacture of final products polyfilm; that the same can be co-related; that there was no allegation about clandestine removal of excisable goods, therefore, there was no question of confiscation of goods or demand of duty or reversal of Modvat credit or imposition of penalty. The Assistant Commissioner while adjudicating the case confiscated the goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd relied upon the decisions reported in 2001 (136) E.L.T. 1185 (Tribunal) = 2000 (41) RLT 719 and [2001 (135) E.L.T. 353 (Tribunal) = 2001 (43) RLT 38]. 4. In regard to excess of 1475 kgs. of LDPE granules, ld. Counsel submits that it was due to oversight that this amount was not entered in RG 23A Part I. In regard to shortage of inputs like LDPE, HDPE and LLDE granules, ld. Counsel submits tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oudhary, ld. DR submits that the shortages and excesses of goods was admitted by Shri Sonal Nurpuri, Director of the company; that at the time of stock verification he could only say that RG-1 register could not be maintained because the excise clerk was on leave. He could not explain that the shortages of inputs were on account of issue of inputs to the manufacturing unit, etc. Ld. DR, therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uphold the allegation about non-accountal and, therefore, imposition of penalty to the extent of Rs. 2,000/- is upheld. 7. In regard to shortages, I find that at the time of stock verification, the director of the company could not explain as to how the shortages of inputs were there nor could he say that the shortages actually were on account of non recording of inputs issued to the manufactur ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
