2015 (10) TMI 1690

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....main appellant was searched by the officers of Central Excise and a shortage was found in the finished goods stocks i.e. Unlaminated Fabrics. That appellant admitted the said shortage and debited an amount of Rs. 4,72,278/- towards duty involved on such shortage of finished goods. That in the statement of Shri Dhanesh Jhunjhunwala, Director of the main appellant it was admitted that 28050.4 Kgs of HDP/PP unlaminated fabrics were cleared without payment of duty and without preparing any Central Excise documents. That the statement was recorded on 24.08.2008 and was immediately retracted on the next date by an affidavit dated 25.08.2008. It was his case that there is no documentary evidence other than the statement of the Director recorded by....

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....llate authority. So far as duty demand of Rs. 4,72,278/- towards shortage of finished goods is concerned, it was argued that after recording first statement of the Director on 24.08.2008, another statement dated 30.12.2010 of shri Dhanesh Jhunjhunwala, Director of the main appellant was also recorded and he has again confirmed the clandestine removal of the goods found short at the time of visit of the departmental officers. That in the statement dated 20.12.2010 also no mention of affidavit retracting the original statement has been made by the Director of the main appellant. 4. Heard both sides and perused the case records. The issue involved in these appeals is regarding duty demand on shortage of finished goods found in the factory p....