HINDUJA FOUNDRIES LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) The above appeals had been filed against the final order of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai, made in Final Order Nos. 1261 and 1262 of 2006, dated December 11, 2006, under Sec. 35G of the Central Excise Act, 1944. The facts in brief are as follows:

(2.) Has the Tribunal committed serious error in reversing the order of the learned Commissioner of Central Excise in so far as the learned Commissioner of Central Excise itself had noticed that the excess found by the assessee during annual stock -taking had been corrected and taken into account and hence no short -levy can be presumed?

(3.) Whether the order of the Tribunal suffers from material irregularity in so far as confirming the penalty imposed under Sec. 11AC without dealing with the issue especially when the proceedings are quasi -criminal in character and the original authority had not even set up a case of clandestine removal in relation to shortages ascertained and recorded by the appellants themselves during the annual stock taking -