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2016 (3) TMI 668 - AT - Central ExciseLoss to revenue - difference between the stock figure in the Balance Sheet as on 31.03.2009 and ER-1 returns of that date - Held that:- The appellate authority has not at all examined as to whether there was really a discrepancy under the accounting system. He has also not looked into whether there was any unaccounted removal of goods of aforesaid value done to cause loss to Revenue. ER-1 returns disclosed the stock position. But that was reconcilable with the reason of difference in respect of the figure appeared in Balance Sheet. That was not examined by appellate authority. The case was booked against the appellant on the basis of audit finding. They neither found any discrepancy in the clearance of goods nor in the accounts of the appellant, as well as stock. Therefore the order passed by learned Commissioner (Appeals) is set aside and appeal on this court allowed in favour of assessee
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