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of <h1>CESTAT overturns demand & penalties for shortages in raw materials; appellant's explanation accepted</h1> <h3>M/s RESINOVA CHEMIE LTD. Versus COMMISSIONER OF CENTRAL EXCISE, KANPUR</h3> M/s RESINOVA CHEMIE LTD. Versus COMMISSIONER OF CENTRAL EXCISE, KANPUR - TMI Issues:1. Shortages in raw materials leading to demand of duty and penalty imposition.Analysis:The judgment by the Appellate Tribunal CESTAT NEW DELHI involved a case where the appellant, engaged in manufacturing Adhesive and Resins, faced shortages in raw materials during a visit by officers, resulting in a demand of Rs. 2,35,612. The appellant, using ERP-based Navision Software, explained that connectivity issues with the main server caused delays in updating entries, leading to discrepancies in stock records. Despite the explanation, lower authorities confirmed the demand and penalty.The appellant's reliance on the new software and server connectivity issues was not accepted by the lower authorities, solely focusing on the alleged shortages of raw materials. The Tribunal noted that the mere shortages did not conclusively prove clandestine removal, citing previous decisions. The appellant's representative admitted to shortages but denied removal, providing a plausible explanation for the discrepancies. Consequently, the Tribunal set aside the confirmed demand and penalties, allowing the appeal with relief for the appellant.
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