2017 (1) TMI 1455

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Shri Anjan Dasgupta, Advocate for 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 an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....appropriate the amount as deposited by the appellant 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.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt company in his statement stated that it might be 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 ....