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2018 (4) TMI 292 - AT - Central ExciseClandestine removal - corroborative evidences - third party evidences - the entire case of the Revenue is based upon the result of the search conducted at the premises of M/s.New Tech Ispat Pvt. Ltd. and there was no investigation at the appellant’s end except recording of the statement of the Director, which is exculpatory - Held that: - the entire endeavor of the Revenue is based upon the documents recovered from the premises of M/s. New Tech Ispat Pvt. Ltd. read with the statement of their Director and by ignoring the statement of the Director of the present appellant. Tribunal’s decision in the case of Abha Power & Steel P. Ltd. [2018 (1) TMI 365 - CESTAT NEW DELHI] relied upon, wherein under the identical circumstances, the demand of duty made on the basis of the third party’s records were set aside by following the Tribunal’s earlier order in the case of Rudra Ventures Pvt. Ltd. [2016 (3) TMI 1173 - CESTAT CHANDIGARH]. It was held in the said order that in the absence of any investigations conducted at the assessee’s unit and in absence of any corroborative evidence of procurement of raw materials, transportation of the goods, flow back of money, etc., allegations of clandestine removal based on mere assumptions and presumptions are not sustainable. Appeal allowed - decided in favor of appellant.
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