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2014 (3) TMI 788 - CESTAT NEW DELHIDuty demand - Shortage in stock - Allegation of clandestine removal on the basis of admission before Income Tax Authority - Commissioner set aside demand and penalty - Held that:- apart from surrendering of income to the Income Tax department, there is no iota of evidence to suggest that such excess income was on account of clandestine manufacture activity of the respondents. Even there is no such admission on the said ground by any of the assessee’s authorized representative. In such scenario, we find no reason to hold that surrendered income was on account of clandestine manufacturing activity - Tribunal in the case of Ravi Foods Pvt. Ltd. v. C.C.E., Hyderabad - [2010 (12) TMI 290 - CESTAT, BANGALORE] and C.C.E., Ludhiana v. Mayfair Resorts - [2011 (3) TMI 175 - PUNJAB AND HARYANA HIGH COURT ] has held that admission by assessee to Income Tax department as regards undisclosed/suppressed sales turnover cannot be held to be on account of clandestine removal of their final products, in the absence of any other corroborative evidence - Decided against Revenue.
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