2010 (6) TMI 708

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....t. ORDER Revenue has filed this appeal. 2. Brief facts of the case are that on a visit by Central Excise Officers to the respondent's factory, a stock taking was done on finished goods and the impugned goods i.e. M.S. Scrap, it was found finished goods were tallying and were properly accounted as per the R.G.-I Register and there was no difference. However, it was noticed that there was shortag....

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....statements of the concerned persons present in the factory were recorded and it is clearly mentioned in the panchanama that there is a physical stock taking was done. The observations of the Commissioner (Appeals) that the Revenue has failed to prove that there was actual shortage, is not correct. He further submitted that it is an admitted fact that there was shortage. Hence, duty is liable to be....

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....the submissions of both the sides and found that in this case there is a shortage of 40 M.T. of M.S. Scrap and it has been clearly mentioned in the panchanama that there was physical stock taking was done in the factory. The panchanama is a document and is being prepared in the presence of the respondent itself which is not denied. Accordingly, I do not find any force in the argument of the learne....