2013 (10) TMI 26

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....ankar, for the Respondent. ORDER P.C. : Although several questions are raised by the Revenue in this appeal, the basic question is, whether the CESTAT was justified in upholding the order of the Adjudicating Authority in dropping the demand of excise duty on finished products found short during the course of search. 2. In the present case, based on the statement of the accountant/ panchan....

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....he aforesaid order, the Revenue filed an appeal before the CESTAT and the CESTAT by the impugned order upheld the adjudication order. Challenging the aforesaid order of the CESTAT, the Revenue has filed the present appeal. 4. It is the contention of the Revenue that the CESTAT erred in discarding the statement/panchanama recorded on 14th November, 1998 and accepting the reconciliation statement....

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....f search. 6. The specific finding recorded by the Adjudicating Authority and approved by the CESTAT is that out of 3,40,879.65 L. mtrs. of man-made fabrics found to have been short during the course of search, the assessee on the basis of the registers maintained and seized during the course of search has demonstrated that there is no shortage except to the extent of 35,059.80 L. mtrs. and acco....