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2018 (4) TMI 1304 - AT - Central ExciseClandestine removal - Sponge Iron - shortage of finished goods - demands based on documents recovered from Shri Ambika Ispat and the statements of various persons - time limitation u/s 11A (1) of the Act - Held that: - The demand is wholly presumptive, based on suspicions and /or investigation conducted at the end of the so-called supplier Shri Ambika Ispat - The revenue have not found any irregularity in the affairs of these appellants, who are all registered manufacturers with the Department and have maintained regular books of accounts and filed regular returns which have been duly accepted by the Department. Suspicion howsoever strong cannot take the place of evidence for visiting the assessee with duty liability for alleged clandestine removal. The demands are presumptive and not sustainable - appeal allowed - decided in favor of appellant.
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