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2018 (1) TMI 1207 - AT - Central ExciseClandestine removal - excesses of stock - 344.270 MT of M.S.Bars/ TMT Bars and 23.140 MT of M.S.Flats - confiscation - penalties - Held that: - the Department has not subsequently brought out any evidence regarding the method and mode adopted by it for physical stock taking of the subject goods available in the factory of the Appellant Company. Since the Department has solely relied upon the statement of Shri Jay Prakash Chaudhary, to arrive at the conclusion that there was excess availability of impugned goods in the factory, and such statement having been retracted by the said person, the averment made therein cannot be legally sustainable for initiation of proceedings against the appellant for confiscation of the goods and for imposition of penalties. Also, the statement recorded from Shri Jai Prakash Chaudhary on 24.12.2008, was immediately retracted on 26.12.2008, which has not been discussed or addressed in the impugned order. Appeal allowed - decided in favor of appellant.
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