2012 (11) TMI 518

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....ry, Advocate, for the Appellant. Shri S. Misra, Addl. Commissioner, for the Respondent. [Order]. - This is an Application seeking waiver of pre-deposit of penalty amounting to Rs. 1,40,830/- imposed by the adjudicating authority under Rule 15 of Cenvat Credit Rules, 2004 read with Section 11AC of Central Excise Act, 1944 on the applicant, due to shortage in the physical stock of inputs no....

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.... sufficient for invoking Section 11AC of the Central Excise Act. Therefore, he pleads for waiver of penalty imposed under Section 11AC of the Central Excise Act read with Rule 15 of Cenvat Credit Rules, 2004. 2. Ld. DR for the Department submits that it is a case of non-accountal of the inputs. The Director on being asked the reason for such shortage could not explain the same and hence dr....

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....ut with the plea of incorrect methodology in stock taking and consequently the payment of duty on shortage was disputed. It is observed that though there was a shortage of inputs noticed by the Department, but no evidence has been brought on record either from their past conduct or evidence showing any attempt to remove such 'inputs' from the factory without discharging/reversing Cenvat credit. In....