M/S Shamli Steels Ltd vs Commissioner Of C.Ex., Meerut I on 7 January, 2016
6. Aggrieved, the appellant have preferred an appeal before this Tribunal on the ground that as the matter of stock taking is only approximation, there is bound to be difference and the ld.Commissioner (Appeals) have erred in treating adverse conclusion under the presumption that there is clandestine removal. At the time of inspection, the various persons have stated that some variation is bound to be there as they issued inventory for production on the basis of counting of the ingots, whereas stock is calculated by weight. It is further urged that the variation explained to the extent of 56 MT in the stock of ingot, thereby lead to net discrepancy of 169.269 MT, which is about 10% of the stock and amounts to normal variation. The ld.Counsel relies on the ruling of the co-ordinate benches of this Tribunal in the cases of (i) Micro Forge (I) Pvt. Ltd. Vs. Commr. of Central Excise, Rajkot : 2004 (169) ELT 251 (Tri.-Mumbai), (ii) Commr. of Central Excise, Meerut I Vs. Sarvottam Rolling Mills (P) Ltd. : 2013 (297) ELT 385 (Tri.- Del.