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2014 (3) TMI 50 - CESTAT NEW DELHIClandestine clearance of the scrap generated in their factory - generation of scrap to the tune of 58% to 82% - Held that:- as per the allegation made by the Revenue, the scrap generated by the appellant would be to the tune of 57% to 88%. In a unit manufacturing electrical goods, generation of scrap to the extent of 86% is not only difficult but is an impracticable approach of business. If the said allegation is accepted, the same would lead to the emergence of finished goods to the tune of 14% only, which no businessmen can afford to do. Entire case of the revenue is based upon the loose slips recovered during the searched. Admittedly the clandestine removal charge is a serious allegation and has to be established by adducing some positive and cogent evidence, corroborating the same. In the absence of any other evidence, allegation of clandestine removal can not be upheld. - Demand set aside - Decided in favor of assessee.
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