2011 (7) TMI 16

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....cate for the appellant.   ADARSH KUMAR GOEL, ACJ   1. This appeal has been preferred by the assessee under Section 35G of the Central Excise Act, 1944 (for short, "the Act") against the order of the Customs, Excise & Service Tax Appellate Tribunal, New Delhi dated 24.11.2010, Annexure A-6, proposing to raise following substantial questions of law:-   "(a) Whether the impugn....

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....estored the Order-in-original as follows:-   "I have carefully considered the submissions from both sides. When the officers visited, on 10.5.01, the premises of the factory, a huge shortage of 40,187 Kgs of granules which are inputs has been noticed. The shortage was not explained and the duty involved stands paid. Apparently, there are separate proceedings relating to shortage of inputs ....

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....t found finished goods stands paid. I do not find any justification whatsoever to link the shortage of finished goods found on 3.11.01 with the shortage of inputs found on 10.5.01. Shortage of inputs can explain excess of finished goods. Shortage of inputs cannot explain shortage of finished goods. Having said that, I notice that there is no evidence relied upon by the department to substantiate t....

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....taining the imposition of penalty up to Rs.60,000/- as ordered by the Commissioner (Appeals) is justified in the facts and circumstances of the case. The challenge of the party for setting aside the penalty does not deserve acceptance. At the same time, the prayer of the department seeking enhancement of penalty also does not deserve to be accepted."   3. We have heard learned counsel for ....