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2015 (1) TMI 264 - AT - Central ExciseClandestine removal of goods - physical stock - entire stock was considered only on eye estimation basis - no physical verification actually done - Penalty under Section 11AC read with Rule 25 - Held that:- charges of clandestine removal are required to be established by tangible and corroborative evidence and mere confessional statement of employee is not sufficient. I also find that it is admitted fact that the respondent was not having Weigh Bridge in their factory premises. As such their contention that the raw materials/finished goods accounting was done only on eye estimation basis is to be accepted inasmuch as there was no record that the goods were taken outside the factory for weightment purposes. There is no weighment slip produced by the Revenue. No buyers stands identified by Revenue to suggest clandestine removal of their final products. Further as rightly observed by the Commissioner (Appeals) that there is no evidence of excessive consumption of electricity, flow back of funds, extra use of labour etc. As such, I find no infirmity in the order passed by the Commissioner (Appeals). - Decided against Revenue.
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