https://www.taxtmi.com/caselaws?id=123782 Penalty under Rule 13 of the Cenvat Credit Rules, 2002 read with Rule 25 of the Central Excise Rules, 2002 and Section 11AC of the Central Excise Act, 1944 was held unsustainable where only shortage of inputs was found on stock verification and the duty was debited the same day. In the absence of corroborative material showing clandestine removal, fraud, collusion, wilful misstatement, suppression of facts, or any intent to evade duty, mere shortage could not justify the penal provision. The penalty was therefore set aside in favour of the assessee. en-us Thu, 13 Mar 2008 00:00:00 +0530 Thu, 20 Sep 2012 14:46:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=123782 Penalty under Rule 13 of the Cenvat Credit Rules, 2002 read with Rule 25 of the Central Excise Rules, 2002 and Section 11AC of the Central Excise Act, 1944 was held unsustainable where only shortage of inputs was found on stock verification and the duty was debited the same day. In the absence of corroborative material showing clandestine removal, fraud, collusion, wilful misstatement, suppression of facts, or any intent to evade duty, mere shortage could not justify the penal provision. The penalty was therefore set aside in favour of the assessee. Case-Laws Central Excise Thu, 13 Mar 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=123782