https://www.taxtmi.com/caselaws?id=170096 Penalty for alleged stock shortage and clandestine removal could not be sustained where the Revenue failed to prove invoice-based clearances, passing on of Cenvat credit, identification of buyers, destination of goods, or any wilful intent to evade duty. The commentary states that mere physical shortage does not by itself establish a penal contravention, and that excise penalty proceedings are quasi-criminal, so fraud, mens rea, or other culpable conduct must be shown before penalty can be imposed; on that basis, the penalty was held unsustainable and the appeal succeeded. en-us Wed, 11 Aug 2010 00:00:00 +0530 Sat, 16 May 2015 15:51:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=170096 Penalty for alleged stock shortage and clandestine removal could not be sustained where the Revenue failed to prove invoice-based clearances, passing on of Cenvat credit, identification of buyers, destination of goods, or any wilful intent to evade duty. The commentary states that mere physical shortage does not by itself establish a penal contravention, and that excise penalty proceedings are quasi-criminal, so fraud, mens rea, or other culpable conduct must be shown before penalty can be imposed; on that basis, the penalty was held unsustainable and the appeal succeeded. Case-Laws Central Excise Wed, 11 Aug 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=170096