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2014 (12) TMI 367 - CESTAT NEW DELHIWaiver of pre deposit - Clandestine removal of goods - Discrepancy in RG-1 register - Held that:- Revenue's allegation of clandestine manufacture and clearance are based upon mainly the installed capacity as disclosed by one of the deponent employee, read with the entries made in various records, resulting in theoretical calculations of production. There is virtually no evidence of procurement of excess raw material, conversion of the same into final product, clearance of the same through transporters and identification of the buyers and the consequent flow of money from the buyers to the appellants. It is well established, by catina of judgment that the allegations of clandestine removal cannot be upheld on the basis of surmises and conjunctures and are required to be established by production of positive and tangible evidence. In the present case, we do not even find, prima facie, preponderance of probabilities to conclude the allegations of clandestine removal against the assessee. - Following decision of Sagarika Acoustronics Pvt. Ltd. vs. Union of India reported in [2007 (3) TMI 723 - Supreme Court of India] - Stay granted.
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