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2017 (5) TMI 753 - CESTAT KOLKATAClandestine removal - excess production and clearance of 1295.77 MT of finished goods is admitted in the Audited Balance Sheet but have not been reflected in their E.R.-1 Returns - Held that: - the Revenue had not disputed the finding of the Commissioner in so far as, no charges have been framed in the SCN as to the difference in the value as declared between the Balance Sheet and AR-1 Return of 2002-03 accepting the excess quantity of 1295.77 MT of finished goods - The Tribunal in the case of NSP Electronics Ltd. vs. Commissioner of C.Ex.,Bangalore [2009 (11) TMI 797 - CESTAT BANGALORE] observed that entries in the Balance Sheet did not constitute adequate evidence for clandestine removal. It should be based on positive evidence - appeal dismissed - decided against Revenue.
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