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2018 (5) TMI 1412 - AT - Central ExciseClandestine removal - M.S. Ingots - whether the principal Commissioner in its impugned order in original dated 11.01.2018 is justified in confirming the demand of Central Excise duty of ₹ 2,56,803./- alongwith interest and penalty, in respect of clandestine removal of 80.695 the MT of M.S Ingots recovered from the appellant? - Held that: - In the impugned order nowhere it has been discussed as to how the demand of duty of ₹ 2,56,803/- is sustainable in the absence of any clinching evidence of clandestine manufacture and removal of the goods - There is absolute no evidence on record to show that the appellant-Ms. Ashok Ispat Udyog had cleared 80.695 MT of MS ingots and entire demand is purely based upon the statement of Sh. S.K. Pansari Prop. of M/s. Monu Steel. Only on the basis of statement of third person no demand could be made - penalty on Director also set aside. Appeal allowed - decided in favor of appellant.
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