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The Ld. Appellant failed to appreciate the fact that the respondent were manufacturing more than 2 lakhs pieces of goods per day and as such always possible to human error for accounting and recording the figures and as long as there is no clear room for any clandestine removal of the goods, the mere fact of internal stock taking reflected some figures cannot be a ground to hold that the excess stock registered and the same was disposed of without payment of duty.

The Ld. Appellant failed to appreciate the statement of Sri Mallikarjuna Gowda and Sri Jayasimha in the proper perspective.