2003 (9) TMI 137

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....cise has confirmed the demand of duty of Rs. 3,85,184.17 against the appellants on the charges of clandestine removal. He has also imposed a personal penalty of Rs. 5,00,000/- apart from confiscating the seized goods with an option to the appellants to redeem the same on payment of redemption fine of Rs. 5,000/-. 2. The entire case of the Revenue is based upon the verifications conducted by the....

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.... upon the tank dips reading taken by the Officers at the time of visit. He further submits that such variation in any case was to the tune of 8.188 MT of JBO but the same was accounted as 68.188 MT resulting in an inflated demand of Rs. 2.1 lakhs which was confirmed vide the impugned order. He submits that the above fact was brought to the notice of the Bench at the time of hearing of stay petitio....

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....f the issue led the ld. Collector to an unrealistic conclusion wherein less than actual quantity was reflected as stock. 5. He also submits that the Revenue has itself accepted that the differences are likely to be there on account of storage and handling losses in cases of petroleum products and the Board has issued a Circular vide F. No. 26/23/EXM/55, dated 1-6-56 and F. No. 9/17/57/-CX. 2, d....

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.... the submissions made by both the sides. I find a lot of force in the contention raised by the ld. Representative of the appellants-company. The entire case of the Revenue is based upon the alleged shortages detected during the course of verification of the stocks which in turn were based upon the dip reading of the various tanks. In some of the tanks excess have been found. The appellant has succ....