https://www.taxtmi.com/caselaws?id=92865 Penalty under Rule 173Q of the Central Excise Rules, 1944 was held unsustainable where the stock/accounting discrepancy did not show any deliberate attempt to evade duty. The appellate finding recorded that the goods were found in the bonded store room and that there was no direct or circumstantial evidence of clandestine removal or ulterior motive in the non-accountal. In that factual setting, the foundation for penalty ceased to exist, and the impugned order was set aside in favour of the assessee. en-us Tue, 29 Aug 1995 00:00:00 +0530 Sat, 05 Nov 2011 16:08:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=92865 Penalty under Rule 173Q of the Central Excise Rules, 1944 was held unsustainable where the stock/accounting discrepancy did not show any deliberate attempt to evade duty. The appellate finding recorded that the goods were found in the bonded store room and that there was no direct or circumstantial evidence of clandestine removal or ulterior motive in the non-accountal. In that factual setting, the foundation for penalty ceased to exist, and the impugned order was set aside in favour of the assessee. Case-Laws Central Excise Tue, 29 Aug 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=92865