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of <h1>Appellate Tribunal upholds decision to set aside penalty for unexplained shortage of goods</h1> <h3>COMMR. OF C. EX., KANPUR Versus RAJASTHAN TRANSFORMERS & SWITCHGEAR</h3> COMMR. OF C. EX., KANPUR Versus RAJASTHAN TRANSFORMERS & SWITCHGEAR - 2011 (264) E.L.T. 413 (Tri. - Del.) The Appellate Tribunal CESTAT, New Delhi upheld the decision of the Commissioner (Appeals) to set aside a penalty of Rs. 57,302 imposed under Section 11AC and rules of Central Excise and Cenvat Credit. The penalty was set aside due to unexplained shortage of goods without evidence of clandestine removal. The appeal against setting aside the penalty was rejected.
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