2002 (2) TMI 208

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....and there was shortage of 16.43 M.Ts. of final product than the recorded balance in the statutory books of accounts. The various records maintained by the appellants (statutory as well as private) were taken into possession by the Central Excise Officers. Shri Ratan Lal Agarwal, partner of the appellant company, in his statement given before the Officers admitted the shortages and the excesses as also the fact that there were clearances by their Company without payment of duty. Ho also tendered a cheque of Rs. 2.5 lakh on 17-6-98 towards the alleged shortages and clearances without payment of duty. Based upon the above facts, proceedings were initiated against the appellants proposing to confirm the demand of duty of Rs. 1,77,207.00 as the ....

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....nce in RG-I register. Penalty of an equivalent amount was imposed upon the appellants along with the confirmation of interest under the provisions of Section 11AC. Appeal against the above Order did not succeed before the Commissioner (Appeals). Hence the present appeal. 3. I have heard Shri P.M. Sen, learned Consultant for the appellants and Shri A.K. Mondal, learned JDR for the Revenue. 4. As regards the confirmation of demand of duty in respect of the goods allegedly cleared without payment of duty based upon the entries made in the records recovered from the appellants' factory, it is seen that the appellants have only submitted that the said note-book was recovered from the gateman and did not belong to them. In my view, th....