2010 (2) TMI 496

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.... Respondent. ORDER 1. Heard both sides. 2. The applicant filed this appeal against the impugned order whereby demand of Rs. 47,768 and penalty of the equal amount was imposed. The factory was visited by the revenue officers and the inputs on which credit was availed was found short. The appellant reversed the credit immediately and the shortage is admitted by Shri B.P. Bihani, Director. T....

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....ification. There was no dispute in this regard as the shortage was admitted by the Director. The appellant relied upon the decision in the case of Kundan Casting (P.) Ltd. (supra). In this case there was no admission on the part of the assessee regarding shortage of goods and clearance without payment of duty and the physical verification of stock was done not on actual weighment. In these circums....