2017 (12) TMI 542

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....ndent ORDER Per: Anil Choudhary The issue in this appeal is, whether (the appellant was engaged in the manufacture of M.S. Billets & M.S. Bars) duly have rightly been levied on apparent shortage of stock. 2. According to Show Cause Notice issued, an investigation was carried out in the factory premises of the appellant on 16th February, 2012, wherein the physical stock verification of ....

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....y Manager & Authorized Signatory was recorded under Section 14 of the Central Excise Act, 1944, who inter-alia stated that he has working since 1996 and looking after the work related to Excise, Sales Tax & Labour Departments. In his presence and two independent witness, visiting officers conducted physical stock verification of TMT Bars lying in the unit and on verification stock of TMT Bars was ....

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....of clandestine clearance by the appellant/assessee with intent to evade payment of duty. Further, it appeared to Revenue that the goods found short were liable to confiscation for violation of the Act and the Rules. Accordingly, the appellant/assessee was required to show cause as to why duty of Rs. 3,19,784/- should not be recovered from them with a proposal to appropriate the amount already depo....

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....t the stock taking was conducted in a casual manner by way of eye estimation and no actual weighment was done. There is no detail of weighment annexed to the Panchnama. There is no evidence of clandestine clearance of manufacture. Further, the whole case of Revenue is based on Panchnama and the statement of Shri Sarjeet Singh Yadav - Factory Manager. Thus, under the facts and circumstances, the de....