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2014 (10) TMI 865 - AT - Central ExciseClandestine manufacture - Held that:- Facts in the present case are identical to the facts of R A Castings [ 2011 (1) TMI 1302 - Supreme Court of India ] wherein held that in the absence of any evidence to show procurement of raw material, mode of transport of the raw material to the factory, transport documents, details of payment identity of buyers receipt of sales receipt from the buyers and the transporters of the final product, the entire case of the Revenue is based upon assumption and presumption. It was also held that Central Excise authorities have no jurisdiction to examine the appellants statutory records which stand audited and reflected in the income tax returns.and there is virtually no other evidence reflecting upon clandestine manufacture and clearance of the appellants product, we, by following the above decision, set aside the impugned orders and allow all the appeals with consequential relief to the appellants. - Decided in favour of assessee
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