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2018 (5) TMI 868 - AT - Central ExciseClandestine removal - Revenue entertained a view that 59.20 MT of MS Billets were in excess then recorded balance. Similarly, 25.18 MT of CI scrap was unaccounted in the statutory record - Held that: - apart of the fact that the weighment were not done physically in respect of entire stock, inasmuch as there are no inventory available but as per recording in the SCN, the stock taking was done by undertaking weight of one billet and then multiplying it with number of billets available in the factory, there is virtually no evidence to indicate that the same are meant for clandestine removal - the raw material cannot be seized and confiscated as per the settled law - there is no justification for imposition of penalties - appeal allowed - decided in favor of appellant.
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