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2009 (7) TMI 410 - AT - Central ExciseClandestine clearance of goods - Value of clearances shown in the balance sheet etc. did not tally with those mentioned in the Central Excise returns submitted by the assessee to the Department. It has been, therefore, alleged that the assessees had manufactured and cleared goods clandestinely without accountal and without payment of duty - As regards the plea that the value of trading activity was also included in the figure shown in the value of clearances reflected in the balance sheet, I reject this argument as not tenable for the reason that the assessee being manufacturer was required to be registered for carrying trading activity for which he was not able to produce any proof of registration. - Secondly the balance sheet does not show any value of trading activity separately and the figure of little over Rs. 67 lakhs represented value of clearances as a composite/consolidated figure and therefore the assessee has not been able to substantiate the plea that they were also carrying on trading activity and had included the value of such activity in the total figure of little over Rs. 67 lakhs in the balance sheet. I, therefore, hold that the charge of clandestine clearance has been correctly made out by the Revenue – Demand is justified
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