2014 (8) TMI 970

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....the Appellant. Shri Yashpal Sharma, Authorized Representative (DR), for the Respondent. ORDER The appellant are manufacturers of MS Ingots from scrap. On 4-8-2010, their factory was visited by the Jurisdictional Central Excise officers when the stock of finished goods as well as Cenvat credit availed inputs - MS Scrap was checked. The stock of finished goods was determined on the basis of....

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.... on them under Section 11AC. On appeal being filed to Commissioner (Appeals) against this order of the Assistant Commissioner, the Commissioner (Appeals) vide order-in-appeal dated 12-11-2012 upheld the duty/Cenvat credit demand but reduced the penalty to 25%. Before the Commissioner (Appeals), the appellant pleaded that the shortage was determined by eye estimation and it is not a real shortage, ....

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....d that just because Director of the appellant company accepted the shortage and paid the duty, it cannot be concluded that there was shortage of the finished goods/Cenvat credit availed raw material and same had been cleared clandestinely, without payment of duty, as in this regard there is absolutely no evidence. He, therefore, pleaded that the impugned order is not correct. 4. Shri Yashp....