2014 (12) TMI 738

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.... Appellant : A. P. Mathur For the Respondent : S.S.C.,B.K.S. Raghuvanshi,Vinod Kant Srivastava ORDER We have heard Sri A.P.Mathur on the review application. We find that after hearing the learned counsel for the parties we had passed the operative portion of the order and thereafter a detailed order of the same date was passed. The Review application has been filed against the operative p....

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....ircumstances of the case, the Tribunal was  justified in restoring  the penalty?" The brief facts of the case are that  the assessee's company is engaged in the manufacturing of Organic Composite Solvent chargeable to Central Excise Duty. On 01.08.2006, the preventive officers of the Central Excise Division, Kanpur visited the factory premises of the assessee. They verified t....

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....always can be variations. The shortage was detected in the stock of raw material's account. Since the appellant has already paid the central excise duty  thereon in the year 2006, so no penalty is leviable. For this purpose, he readout Section-11A of the Central Excise Act, 1944. According to learned counsel, in terms of Section -11A(2B) where any duty of excise has not been levied or pai....

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....y the Tribunal may kindly be set aside. On the other hand, learned counsel for the department had justified the impugned order. We heard both the parties at length and gone through the materials available on record. From the record, it appears that there was a huge shortage of finished goods for which no explanation was offered by the appellant at the time of stock checking.  It means t....