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2016 (12) TMI 1048 - CESTAT ALLAHABADDemand - clandestine removal - Held that: - I am satisfied that the stocktaking exercise by Revenue is by way of estimation, and possibility of errors cannot be ruled out. Further, I find that no instance of clandestine removal have been found by the Revenue. Considering the fact that the appellant never raised any dispute as to the method of valuation and or estimation of stock prior to issue of Show Cause Notice, I uphold confirmation of duty but I delete the penalty retained by the ld. Commissioner (Appeals) as there is no contumacious conduct or suppression found by Revenue on the part of appellant - Appeal partly allowed.
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