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2018 (3) TMI 241 - AT - Central ExciseClandestine removal - excess of stock - M.S. Ingots - M.S. Scrap/ Waste - Held that: - the effect of the entire evidence on record establishes beyond doubt that the goods loaded in the truck were cleared by M/s Premier Ispat Ltd., without payment of any duty of excise and without issuing the invoices. There is no explanation either by M/s Premier Ispat Ltd. or M/s Jai Maa Sharda Enterprises as to from where the said goods were purchased or came into existence - As regards the confiscation of the same, I agree with the Iower authorities that inasmuch as the seized goods were non-duty paid their confiscation has to be upheld. However, the duty involved was to the extent of ₹ 1,15,817/-, the redemption fine from ₹ 2,79,440/- to ₹ 1,00,000/-. Clandestine removal - shortage of stock - Held that: - It is settled that the findings of clandestine removal are required to be based on the positive and tangible evidence and cannot be upheld on the basis of assumption and presumption - Reliance in this regard is made to the decision of the Hon’ble High Court of Allahabad in the case of Commissioner of Central Excise, Kanpur Vs. Minakshi Castings [2011 (8) TMI 896 - ALLAHABAD HIGH COURT] laying down that the shortages of finished goods without any evidence of clandestine removal, cannot lead to inference of evasion of duty - demand set aside. Penalty on Director - Held that: - Commissioner(Appeals) has given a finding that no specific rule stands attributed to the Director and the matter has not been investigated so as to adduce any evidence against the said assessee - there is no evidence against Shri Amit Jain, the penalty imposed upon him should have been set aside in toto. Appeal allowed in part.
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