TaxTMI 
TaxTMI 
2017 (1) TMI 1455
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.... the Appellant (s) Shri S. Mukhopadhyay, Supdt.(AR) for the Revenue (s) ORDER Per: Shri P.K. Choudhary Heard both sides and perused the appeal records. 2. The appellant, in their appeal, framed the questions as to whether shortage of finished goods detected during stock taking can be held as shortage due to clandestine removal of goods, without any cogent evidence and whether imposition of pe....
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....lant company and also to enforce penalty on the Director of the company. The adjudicating authority confirmed the demand of Rs. 1,53,094/- along with interest and also imposed penalty of equal amount of duty under Section 11AC of the Act. The amount of Rs. 1,53,094/- has also been appropriated out of the amount of Rs. 1,60,000/- as deposited by them. Further, a penalty of Rs. 50,000/- was imposed ....
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....an accounting error. But, they have voluntarily deposited the amount. According to Commissioner (Appeals), such acceptance is nothing but admission of offense on the part of the appellant. I am unable to accept the findings of the Commissioner (Appeals). It is well settled that there is some material required to establish the clandestine removal of the goods. 6. In the instant case, I do not find....