2015 (4) TMI 1315

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....i G.R. Singh, AR, for the Respondent. ORDER The appellant is in appeal against the impugned order wherein duty has been demanded on the shortages of raw material/finished goods found short at the time of investigation. 2. The facts of the case are that the appellant is a manufacturer of MS bars from MS ingots. On 9-12-2010, the investigation was done at the factory of the appellant a....

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....be due to variation during stock taking process. He further submits that in case of raw material also weighment has been done on average basis therefore shortages is negligible and hence, demands are not sustainable. 4. On the other hand, learned AR opposed the contention of the learned Counsel and submits that the goods have been physically verified in the presence of appellants and in th....

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....on in counting the stock on average basis. Therefore, contention of the learned counsel that weighment has been done on average basis is not acceptable. In these circumstances, for the shortage of raw material, appellant is required to reverse the Cenvat credit availed thereof. Further, I find that in case of finished goods, the shortages worked out is less than 9% which may be due to average meth....