2010 (7) TMI 880

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....e of copper rods, copper bars, copper strips etc. and the other two appellants are partners of M/s. Met India. During the visit of officers on 15.11.06 physical verification of stock of finished goods lying in the factory premises was done by Central Excise Officers and excess stock of copper rods of 3,505 kgs against the recorded stock was found. After issue of show cause notice adjudication and ....

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....e days of the visit of the officers, on 20.11.06 the appellants wrote a letter to the department stating that there was no excess at all. They had accounted the quantity of copper rods seized by the department as copper bars in the RG -1 Register and therefore the excess has occurred. As regards the shortage of 2,480 Kgs which resulted after adjustment of excess quantity appellants debited duty in....

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....ed DR on behalf of the Revenue submitted that all these submissions were taken into account by the lower authorities and Shri Prakash M. Seth, authorized signatory has shown his full agreement with the method of stock taking and facts mentioned in the panchnama. Further he also submitted that the clear admission of Shri Mehta about illicit removal of goods found short shows that the excess quantit....

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....as copper bars. This was the claim by the partner and this was the claim made within five days of the search and seizure. The officers could have definitely verified whether this claim was correct since goods were under the control of the department at that time. Once it is accepted that appellants were accounting copper rods in coil form as copper bars, the whole case of the department fails. It ....