2010 (7) TMI 523

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....t. Shri M.S. Jagesha, Advocate, for the Respondent. [Order]. - By this appeal, the Revenue has challenged the waiver of penalty by the Commissioner (Appeals) holding that the respondent has paid the duty before issuance of the show-cause notice and no penalty is imposable under Section 11AC following the Larger Bench decision of the Tribunal in the case of CCE, Delhi-III v. Machino Montel....

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.... Advocate appearing on behalf of the respondent submits that in this case at the time of visit of the Preventive party, stock taking was taken out of the finished goods as well as inputs. The finished goods were tallied with the statutory record but while taking the stock of inputs, which were scattered in their factory, the stock taking was done on eye-estimation as agreed by both the parties. In....