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2013 (7) TMI 708 - AT - Central ExciseClandestine Removal of finished goods as well as Input - Respondent are engaged in the manufacture of MS Bars falling under chapter 72 of the Central Excise Tariff Act - On checks and verification, a shortage of 187.685 MT of finished goods and 11.335 MT of inputs was detected – Director of the company accepted the shortages of goods but did not accept that the finished goods were cleared by them without payment of duty – Held that:- There was no actual weighment in the stock or MS Bars of Ingot. Such stock-taking was done on the basis of assumption and the calculations made upon the basis of number of bundles available and the average weight of one bundle - It is well settled law that Revenue cannot allege clandestine removal based upon the shortages detected at the time of physical stock taking, without there being any independent corroborative evidence - There is nothing on record to show the clandestine removal – Decided against the Revnue.
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