https://www.taxtmi.com/caselaws?id=387871 Physical shortage reflected against the daily stock account was held insufficient, by itself, to sustain central excise duty, interest and penalty for clandestine removal. The record showed only an admission of discrepancy, not of unaccounted clearance, and the shortage was explained as arising from approximate stock entries and the absence of actual weighment at production. The discrepancy was only about 0.31% of total production, and there was no independent evidence of removal without duty payment. In the absence of positive evidence of clandestine removal, the demand and consequential penalty were set aside. en-us Fri, 01 Nov 2019 00:00:00 +0530 Mon, 04 Nov 2019 06:32:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=387871 Physical shortage reflected against the daily stock account was held insufficient, by itself, to sustain central excise duty, interest and penalty for clandestine removal. The record showed only an admission of discrepancy, not of unaccounted clearance, and the shortage was explained as arising from approximate stock entries and the absence of actual weighment at production. The discrepancy was only about 0.31% of total production, and there was no independent evidence of removal without duty payment. In the absence of positive evidence of clandestine removal, the demand and consequential penalty were set aside. Case-Laws Central Excise Fri, 01 Nov 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=387871