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2012 (11) TMI 1009 - AT - Central ExciseDuty demand - Clandestine removal of goods - Shortage in stock - Held that:- there is no acceptance of clandestine removal of goods by Shri Dipan Kumar. In fact, he has repeatedly said that they enter all the stock in their daily production register. The evidentiary value attached to the said statement as has been done by the lower authorities has to be assessed in the light of the other corroborative evidences. Apart from shortages and the said statement accepting shortages, there is no other evidence to reflect upon the clandestine removal of the final product. Tribunal in a number of cases has held that mere shortages detected at the time of stock verification, by itself, cannot lead ipso facto to the inevitable conclusion of clandestine removal. I also note that the Hon’ble Delhi High Court in the case of M/s. Dhingra Metal Works [2010 (10) TMI 29 - DELHI HIGH COURT] has observed that the statement recorded during the survey is not a conclusive piece of evidence by itself and the same cannot be made the sole basis to decide against the assessee - Decided in favour of assessee.
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