https://www.taxtmi.com/caselaws?id=119868 Confiscation of excess raw materials under Rule 13 of the Cenvat Credit Rules, 2001 is not sustainable where there is no allegation of wrongful availment of credit or any proved contravention of the rules. A duty demand for alleged shortage of Furnace Oil also fails if physical stock verification is not credibly conducted and the panchnama does not record a reliable ascertainable method such as dip reading. By contrast, where the panchnama sets out a detailed and recorded weighment method for finished goods, and that method is accepted at the time of verification, a shortage demand may be upheld because the discrepancy is then reliably established. en-us Fri, 11 Aug 2006 00:00:00 +0530 Fri, 13 Jul 2012 17:08:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=119868 Confiscation of excess raw materials under Rule 13 of the Cenvat Credit Rules, 2001 is not sustainable where there is no allegation of wrongful availment of credit or any proved contravention of the rules. A duty demand for alleged shortage of Furnace Oil also fails if physical stock verification is not credibly conducted and the panchnama does not record a reliable ascertainable method such as dip reading. By contrast, where the panchnama sets out a detailed and recorded weighment method for finished goods, and that method is accepted at the time of verification, a shortage demand may be upheld because the discrepancy is then reliably established. Case-Laws Central Excise Fri, 11 Aug 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=119868