2011 (11) TMI 248

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....), for respondent Per: Ashok Jindal 1. The appellant,  M/s.Indian Oil Corporation Ltd. is in appeal against the impugned order confirming the duty demand of Rs.1,25,38,267/- along with interest and equivalent amount of penalty. The appellant has also filed an application for stay of  impugned demand and an application for early hearing of the appeal. 2. After hearing both sides ....

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....gs and had arrived on the decisions that the appellants had short paid the duty of Rs.1,25,38,267/- therefore, impugned demand along with interest and penalties were confirmed against the appellants. 4. Shri M.H.Patil, Ld. Advocate for the appellant submits that the appellant has appropriately discharged the duty of the stock lying in the warehouse. To support this contention, he brought on rec....

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....ble with the appellants and it can also be verified from the records (documents) whether the appellant has discharged the correct duty or not. Therefore, we are of the view that the matter needs examination at the end of the Commissioner, who shall depute some official to co-relate the stock warehoused goods on which duty is payable and the records of duty paid. If there is any short payment of du....