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2016 (1) TMI 478 - HC - Central ExciseClandestine removal of goods - physical shortage of finished products - reliance on statements made by the officers of the appellant company - Held that:- the Tribunal had arrived at its conclusions, without properly appreciating the evidence available on record relating to the shortages and excesses found in the records of the appellant, including the internal audit. The actual audit practice of the appellant had not been considered by the appellant. The explanation submitted by the appellant, with regard to the manufacturing process and the stock taking procedure had not been appreciated by the Tribunal in its proper perspective, as there are no clear findings on the said issue. Further, there is no finding by the Tribunal, with regard to the removal of the goods, from the premises of the appellant, for the imposition of the excise duty. The conclusion arrived at by the Tribunal, relying on the statements made by the officers of the appellant company, cannot be sustained. - Matter remanded back.
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