2018 (10) TMI 630

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....ing Cenvat Credit in respect of various inputs like GP Coils, HR Coil and Zinc etc.. 2. The appellant's factory was visited by Central Excise officers on 16.05.2012 who conducted various checks and verifications. As a result the stock of inputs i.e. HR Coils, GP coils and Zinc was found short involving duty of Rs. 57,94,909.00. Revenue entertained a view that such short found stock was cleared by the appellant in a clandestine manner even though the appellant's authorized representative gave a reason for the same by deposing that such coils were issued for further slitting and such slitted coils were available in their factory, even though the stock was not debited from the raw material account. Similarly an explanation was offered for t....

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....etected by the visiting officers and on the finding that such short found stock stands cleared by the appellant without payment of duty. Even though we find that the appellants have tendered a plausible explanation for such shortages, inasmuch as the visiting officers did not take into account the slitted coils and the Zinc available in the tanks, we are of the view that even if the shortages are accepted to be correct reflection of facts, the demand of duty cannot be sustained on that basis alone as held by the Hon'ble Allahabad High Court in the case of Commissioner of Central Excise, Kanpur v. Minakshi Castings [2011 (274) E.L.T. 180 (All.)] and Delhi Tribunal's decision in the case of Puran Sons Alloys P. Ltd. v. Commissioner of Cent....