2011 (2) TMI 1202

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....ndent   [Order].- The factory of M/s. Flex Industries at Noida (the Assessee) was inspected by the Central Excise Department (the Department) on 19-1-1998.   2. In the inspection, certain quantity of inputs were found short as well as certain finished goods were found in excess of the recorded stock.   3. The Department issued a notice to the assessee for confiscation as....

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.... records were found short on 19-1-1998 by the Central Excise Officer on physical verification?   * Whether the Hon'ble Tribunal was justified ignoring the fact that there was no intention to evade duty when the only conclusion which could have been drawn under the circumstances as the inputs found short or physical verification were found duly accounted for and the applicant deposited the ....

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.... It is not disputed that there was shortage in inputs as well as excess of finished goods. So far as shortage of the inputs was concerned, the Assessee by its own volition reversed the input credit excise duty to the tune of Rs. 29,780.22. The remaining dispute was in regard to the redemption fine and penalty in respect of goods found in excess.   9. Rule 173Q provides confiscation and pen....