SWASTIK UDYOG Vs. COMMISSIONER C. EX. & S.T.
LAWS(CE)-2015-3-50
CUSTOMS EXCISE AND GOLD(CONTROL) APPELLATE TRIBUNAL
Decided on March 26,2015

Swastik Udyog Appellant
VERSUS
Commissioner C. Ex. And S.T. Respondents

JUDGEMENT

ASHOK JINDAL, J. - (1.)BY way of this appeal the appellant is contesting penalty imposed on them under Section 11AC of the Act read with Rule 25 of the Central Excise Rules, 2002. The facts of the case are that on 26 -9 -2008 an investigation was conducted at the premises of the appellant and shortage of finished goods namely MS section and MS bar was found short of 41.62 MT and 10.38 MT respectively. Thereafter, a case was booked against the appellant for shortages of finished goods found in their factory and demand was proposed to be confirmed. Penalty under Section 11AC read with Rule 25 of the Central Excise Rules 2002 was also proposed. Both the lower authorities confirmed the demand and also imposed the penalty. The First appellate authority instead of confirming equivalent amount of penalty, reduced the amount to Rs. 50,000/ -. Against the said order appellant is before me.
(2.)Ld. Counsel for the appellant submits that there is a clear cut finding by the ld. Commissioner (A) in the impugned order that mere shortage detected in the stock of finished goods is not sufficient to hold that said goods have been removed clandestinely by the appellant without payment of duty in the absence of any concrete and cogent evidence of clandestine removal of goods. But he imposed the penalty on the appellant.
(3.)ON the other hand ld. AR reiterated the findings of the impugned order.
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