2007 (3) TMI 463

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....or the Respondent. [Order]. - The Revenue has challenged the order of the Commissioner (Appeals) made on 13-11-2003 to the extent that the order confiscating 9.978 MT of PMSS and 12 MT of waste and scrap made by the adjudicating authority has been set aside. On the basis of material on record, it appears that the manner of determination of stock of finished goods was not indicated in the pan....

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....missioner (Appeals) has rightly held that confiscation thereof, was not  warranted and penalty could therefore be not imposed. 3. As regards, 12 MT of waste and scrap, it appears that the manner of determination of stock of waste and scrap was not noted in the panchnama. The average method adopted would have resulted in variations from the book stock. It is, therefore, cannot be said ....