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    <title>2006 (11) TMI 125 - HIGH COURT RAJASTHAN AT JODHPUR</title>
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    <description>The Tribunal&#039;s acceptance of the assessee&#039;s explanation for the alleged stock discrepancy was a finding of fact based on the evidence before it, including the absence of contemporaneous statements from those present at the factory. Revenue&#039;s reliance on a later-recorded accountant&#039;s statement did not displace that factual assessment, and the evidentiary weight of the materials was for the fact-finder. As no substantial question of law arose from the deletion of penalty under the Central Excise Rules, interference was not warranted and the assessee&#039;s position was sustained.</description>
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      <description>The Tribunal&#039;s acceptance of the assessee&#039;s explanation for the alleged stock discrepancy was a finding of fact based on the evidence before it, including the absence of contemporaneous statements from those present at the factory. Revenue&#039;s reliance on a later-recorded accountant&#039;s statement did not displace that factual assessment, and the evidentiary weight of the materials was for the fact-finder. As no substantial question of law arose from the deletion of penalty under the Central Excise Rules, interference was not warranted and the assessee&#039;s position was sustained.</description>
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