https://www.taxtmi.com/caselaws?id=101429 Duty is payable on shortages of finished excisable goods found during stock verification where the shortage is admitted in an unretracted statement and not contemporaneously disputed; in that situation, the burden shifts to the assessee to explain the discrepancy, and the absence of direct proof of clandestine removal does not defeat the demand. Modvat credit on fresh HDPE granules cannot be denied, and connected confiscation cannot be sustained, where the revenue fails to rebut the assessee's explanation that the material was mixed with carbon black and produces no test report or other reliable evidence showing the goods were regenerated granules. The demand on shortages was upheld, while the credit denial and confiscation were set aside. en-us Tue, 12 Feb 2002 00:00:00 +0530 Thu, 09 Feb 2012 17:16:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101429 Duty is payable on shortages of finished excisable goods found during stock verification where the shortage is admitted in an unretracted statement and not contemporaneously disputed; in that situation, the burden shifts to the assessee to explain the discrepancy, and the absence of direct proof of clandestine removal does not defeat the demand. Modvat credit on fresh HDPE granules cannot be denied, and connected confiscation cannot be sustained, where the revenue fails to rebut the assessee's explanation that the material was mixed with carbon black and produces no test report or other reliable evidence showing the goods were regenerated granules. The demand on shortages was upheld, while the credit denial and confiscation were set aside. Case-Laws Central Excise Tue, 12 Feb 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101429