2015 (12) TMI 1312

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....ock was verified of finished goods and raw materials. In the stock of finished goods, the total excess goods of 1579 kgs was found against the balance shown in RG-1 register valued at Rs. 2,18,244/-. Also the shortages of 37.5 kg in stock of semi-finished goods valued at Rs. 1646/- involving duty of Rs. 267/- was found. As detailed in Annexure-A to the show-cause notice. In stock verification of modvatable raw material, some shortages were detected as compared to the record in RG-23A Part-I. The shortage was valued at Rs. 5202/- involved credit of Rs. 835/-, which appeared to liable to be reversed. Further inspection was made at Head Office of the appellant at Lucknow on 13.2.2011, some documents and records were examined and recovered unde....

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....cides and formulation (excess stock) valued at Rs. 2,18,244 /- should not be confiscated involving excise duty of Rs. 34,290/- and further why not Central Excise duty of Rs. 267/- involved in 37.5 kgs pesticide found short should not be recovered and further Rs. 835/- attributable to shortage in modvatable raw material should not be recovered and further why not excess duty of Rs. 82,934/- be recovered being amount of duty on the amount of royalty and freight collected by debit notes along with interest and penalty was also proposed under Section 11AC read with Rule 173Q. 2.2 The respondent contested the show-cause notice by filing reply and the show-cause notice was adjudicated vide Order-in-Original dated 27.2.2006. An excess stock of 15....

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....chemicals (India) Ltd. And matter was remanded for verification of such payment to the adjudicating authority. 2.5 Pursuant to remand, vide Order-in-Original dated 18.1.2008, the learned Asstt. Commissioner has examined the issue in detail as regards the royalty paid to M/s Rohne-Poulenc Agrochemicals (India) Ltd. and has found that the respondent have paid an amount of Rs. 12 lakhs. The adjudicating authority also examined a copy of agreement between the appellant and their principal also noticed that the ledger show payment of Rs. 12 lakhs to the principal and further the payment was certified by Bank of India, who has issued the DD/Cheque in favour of M/s Rohne-Poulenc Agrochemicals (India) Ltd. Further certificate of C.A. was also cons....