2008 (12) TMI 569

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....case are that the appellants are conducting stock taking on their products periodically and during the course of such stock taking, certain shortages were found in their finished goods as well as raw materials. Based on the same 3 CD reports were filed by them with income tax authorities showing such shortages or excess detected by them, and such shortages of raw materials apparently have been condoned by the Income Tax authorities. Relevant documents were submitted in the form of 3 CD documents. They were issued a show cause notice requiring them to reverse Cenvat credit in respect of raw materials found short and pay duty on the finished goods found short. The appellants have paid the duty on finished goods found short at the time of dete....

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....re has been no intent to evade duty as the shortages and excess have been detected on their own, there is no case for imposition of any penalty. He referred to certain CESTAT decisions in support of his submission :- (1)     Vindhya Pipes & Plastic Ltd. - 2001 (129) E.L.T. 86 (T) (2)     Indian Petrochemicals Corp Ltd. - 2005 (181) E.L.T. 99 (T) (3)     National Aluminium Co. Ltd. - 2004 (177) E.L.T. 368 (T) (4)     Denso Kirloskar Indus. Pvt. Ltd. - 2006 (195) E.L.T. 102 (T) (5)     Neera Enterprises - 1998 (104) E.L.T. 382 (T) (6)     Bombay Dyeing & Mfg Co. Ltd. - 1998 (97) E.L.T. 101 (T) (7) &....