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2012 (11) TMI 1029 - AT - Central ExciseDuty demand - Shortage in stock - Clandestine removal of goods - Held that - Revenue has relied upon the statement of Sh. Subhash Goyal accepting such shortages and deposing that the goods might have been cleared without the cover of invoice. The fact is that the said statement was withdrawn by Sh. Subhash Goyal subsequently and there is a letter of the Director of the Company on record I find that there is no other evidence available indicating the clandestine clearance of the ingots. There are umpteen number of decisions holding that there is no other evidence available on record indicating the clandestine clearance of the final product charges of clandestine removal can not be upheld on the basis of sole retracted statement. The same are required to be proved by producing sufficient & positive evidence of clandestine removal. Apart from that as already observed the weighment of the stock was not actually done and as such shortage arrived at on the basis of arithmetical and calculative methods cannot be accepted - Decided in favour of assessee.
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