2025 (7) TMI 1016

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....s Act, 1962 and has also cancelled the Public Bonded Warehouse License granted to the appellant. 2. Briefly stated facts of the present case are that the appellant was granted a Public Bonded Warehouse License No. 08/2023 dated 27.07.2023 under Section 57 of the Customs Act, 1962. During the stock verification of the appellant on 04.04.2024, shortage of 339 cases were noticed by the Departmental Officers. Against the said shortage of 339 cases, customs duty amounting to Rs. 17.14 lakhs was deposited on 03.04.2024 and 04.04.2024. Further, during another stock verification of the appellant conducted on 23.04.2024, stock shortage was detected by the Departmental Officers. The said stock shortage pertained to M/s Castle Spirits Pvt Ltd, Chandi....

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....khs for the same was deposited on 03.04.2024 and 04.04.2024 which means, part customs duty was already paid on 03.04.2024 for shortage detected on 04.04.2024 and the remaining duty was also paid in normal course on 04.04.2024. He also submits that the partial duty already paid on 03.04.2024 shows that there was no intent to clear the goods without payment of duty. He further submits that in this case, no Panchnama with regard to stock verification conducted on 04.04.2024 was drawn. 4.2 Regarding the shortage noticed during stock verification dated 23.04.2024, the learned Counsel submits that there was no shortage of Red Label as duty had already been paid on 150 cases in respect of WBE 8009904 dated 26.09 2023 against the shortage of 110 c....

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....the other hand, the learned Authorized Representative for the Revenue submits that since the appellant has contravened the provisions of the Regulations vide which the appellant had been granted the Public Bonded Warehouse License and after the visit of the Departmental Officers, shortage was detected and after following the due process, impugned order has been passed by the Principal Commissioner. 6. We have considered the submissions made by both the parties and perused of the material on record. We find that on during stock verification done on 04.04.2024, shortage was detected, but it is also a fact that customs duty of Rs. 17.14 lakhs was deposited on 03.04.2024 and 04.04.2024; it shows that part of customs duty was already paid on 03....