Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2019 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (8) TMI 598 - HC - Central ExciseClandestine removal - TMT Bars - major shortage of finished goods revealed in stock taking - shortage of raw material - statements recorded were not taken ito consideration and was ignored by the Tribunal - principles of natural justice - HELD THAT:- The Court therefore fails to appreciate as to why the statements duly recorded under statutory provisions of Section 14 of the Central Excise Act, 1944 was ignored or not taken into consideration by the appellate Tribunal - No where did the private Respondents plead that the allegation of clandestine removal was made against them. The department all along sought clarity from them for such huge difference in the physical stock vis a vis their book of accounts and only explanation offered by the Respondents- Company was that the goods have been “dislodged”. Since it is a case of acceptance and failure to explain the huge variation in the stock and the variations were not having been disputed, the demand so made and calculated by the assessing authority was in conformity with the law - The ratio relied upon by the Tribunal that it will be governed by the principle of clandestine removal seems to be misplaced in the facts and circumstances of the case. Tax case allowed - decided in favor of Revenue.
|