2009 (4) TMI 706

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.... Bipin Garg, Advocate, for the Respondent. [Order]. - These appeals are arising out of common order and, therefore, both are being taken up together for disposal. 2. The relevant facts of the case, in brief, are that the assessee is engaged in the manufacture of CTD Bars classifiable under Chapter 72 of the of the schedule to the Central Excise Tariff Act, 1985. Central Excise office....

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....e, the assessee filed appeal No. 926/07 against demand of duty of Rs. 5,13,300/- and the Revenue filed two appeals against setting aside the penalties imposed in two adjudication orders. 3. After hearing both sides, I find that the shortage were detected during the course of stock verification, which was admitted by the authorized signatory of the assessee and paid the duty long before iss....

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.... cleared clandestinely. 4. I find that shortages of stock were detected on 13-8-2001 and 31-7-2002. The assessee admitted the shortage and paid the duty voluntarily without any protest. It appears that in reply to show cause notice the assessee contended that stock taking was not conducted in proper manner. It is seen that shortages were detected on 13-8-2001 and 31-7-2002 and Show Cause N....

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....AC of the Act, learned Advocate submits that the authorized signatory of the assessee in his statement on the spot explained that shortage of finished goods has occurred due to wrong intimation given by the illiterate and unskilled labour. There is no material available that the assessee cleared the goods clandestinely. Hence, imposition of penalty under Section 11AC is not warranted. Hon'ble Punj....