CCE Vs. RAGHUNATH INTERNATIONAL LIMITED AND ORS.

JUDGEMENT

(1.) THESE two appeals by the Department arise out of order of Commissioner (Appeals) No. 05 -06 -Central Excise/APPL./KMP/2007 dated 26.12.2006 by which the penalty imposed on the two appellants by the original authority was set aside.

(2.) HEARD both sides.

(3.) LEARNED DR submits that the shortage found is very huge, the reason for shortage was not explained by the authorized signatory, it should be presumed to have been clandestinely removed and the provisions of Section 11AC is applicable and, therefore, orders of the Commissioner (Appeals) in so far as vacating the penalties should be set aside.