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2018 (5) TMI 776 - AT - Central ExciseClandestine removal - sponge iron - Revenue entertained a view that the sponge iron received by the present appellant, in a clandestine manner, was further used by them in the manufacture of ingots and TMT bars, which were cleared by them without payment of duty - Held that: - apart from the ledger of M/s Shilpy Steels, Revenue has not made further investigations. No statement of the Production Manager or any other employee of the appellant stands recorded by the Revenue so as to indicate manufacture of the final product. Further, there is no identification of the buyers to whom the said alleged clearances were made. The law i.e. as to whether the third party records can be adopted as an evidence for arriving at the findings of clandestine removal, in the absence of any corroborative evidence, is well established. Appeal allowed - decided in favor of appellant.
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