Shortage ascertained during stock-taking was based on assumption and presumption hence duty demand untenable

Jai Balaji Industries Limited (Unit-IV) Vs Commissioner of Central Excise (CESTAT Kolkata) CESTAT Kolkata held that the shortage ascertained during the course of stock-taking are on the basis of assumption and presumption. Accordingly, duty demand on account of shortage of finished goods unsustainable. Facts- The assessee is having five units, but this matter relates to Unit No.I and IV of the assessees and one Shri Jai Salasar Balaji Industries Limited. On the basis of an intelligence that all these firms are evading payment of duty by way of suppressing their actual quantum of manufacture of...