2015 (10) TMI 331

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....R Periasami 1. The appellants have filed appeal against OIA dt. 10.12.2001. All the notices of hearing of appeal issued to the appellants have been returned "undelivered" as the appellant's premises was not found. The appeal was fixed on several occasions but none appeared on behalf of appellant. Ld. Advocate was given time to seek instructions from the appellant. Ld. Advocate also submits ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....antity of shortage whereas the department demanded Excise duty on 111.82 MTs based on the formula arrived by the adjudicating authority on the consumption of inputs. He also submits that SCN is hit by limitation and the physical stock taking was done on 15.10.1996. SCN should have been issued within 6 months whereas the notice was issued on 1.7.1999 and no investigation has been done and there was....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y has admitted the shortage in his statement, therefore imposition of penalty and demand of Central Excise duty as per the formula is justified. 5. After hearing both sides, and on perusal of SCN and adjudication order, I find that entire shortage of CTD bars was noticed during physical stock taking. The department has noticed shortage of 104.46 MTs. I find that there was no further investigati....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....found short in their accounts on the date of stock taking. In this regard, I rely on Tribunal's decision in the case of J.C Rerolling Mills Pvt. Ltd. Vs CCE wherein the Tribunal set aside penalty under Section 76 and also held that every shortage cannot be attributed in the case of clandestine removal. The case of CCE Nashik Vs Nashik Strips Pvt. Ltd. Para 5 & 6 of the order is reproduced belo....