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2017 (2) TMI 570 - CESTAT ALLAHABADClandestine removal - Shortage of stock - Penalty - Rule 25 of CER, 2002 - stock valuation was by way of estimation basis - Held that: - I find that save and except the presumption of clandestine removal no corroborative evidence have been brought on record by the Revenue either in the Show Cause Notice or in the Order-in Original. The only case of the Revenue is that it is not disputed by the respondent-assessee regarding valuation of stock verification made by the Revenue. Accordingly, I hold that no case of clandestine removal and clandestine production have been made out against the respondent-assessee in the facts and circumstances of this case - Decided in favor of the assessee.
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