2002 (10) TMI 181

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..... ned Order-in-Appeal dated 1-2-2002 passed by the Commissioner (Appeals) vide which he had confirmed the order in original dated 27-3-2000 of the Addl. Commissioner. 2. The appellants are engaged in the manufacture of cotton yarn and manmade yarn. Their unit was visited by the Central Excise Preventive Officers, from 25th January to 27th January, 1999. On checking, they detected excess stock of 1 .....

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..... n bales form. No weighment of the bales or of the loose stock was conducted and only on the visual examination of the stock, the quantity of excess and short stock had been arrived at. The Modvat credit had been disallowed and penalties has been imposed by the authorities below, simply on the ground that the employee who claimed himself to be the Vice-President of the appellant-company, was presen .....

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..... ection of excess and shortage of the goods by visual examination, the Tribunal set aside the order of the Commissioner (Appeals) by holding that without actual weighment, neither the duty demand could be confirmed nor the penalty could be imposed on the assessee. 6. In view of discussion made above, the impugned order of the Commissioner (Appeals) is set aside. The appeal of the appellants is al .....

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