- (1.) Heard Sri Shakeel Ahmad, learned Counsel for appellant and Sri Krishna Agrawal for respondent.
(2.) This appeal under Section 35G of Central Excise Act has arisen from judgment and order dated 27-7-2009 passed by Customs, Excise and Service Tax Appellate Tribunal, New Delhi.
(3.) The appeal was admitted on the following two substantial questions of law :- "(i) Whether upon the facts and circumstances of the case, the Tribunal has not gone into the error of law and fact committed by the Commissioner (Appeals), who has approved the dip method of verifying the stock of molasses and has ignored the facts that in physical verification dated 31-12-1995 by City Magistrate, no significant difference was noticed? (ii) Whether upon the facts and circumstances of the case the Tribunal was justified in absence of any evidence of clandestine removal of open market sale, the Tribunal was justified in allowing the condonation to the extent of 2% of the stock of 12,972 qtls. stored in Tank No. 2?" ;