TMI Blog2016 (10) TMI 864X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal in identical matters. Appeal disposed off - decided against Revenue. - E/3689/2010- EX(SM) - Final Order No. 53637/2016-ST(DB) - Dated:- 14-9-2016 - Ms. Archana Wadhwa, Member (Judicial) Shri R. K. Mishra, DR for the Applicants None for the Respondent ORDER Being aggrieved with the order passed by Commissioner (A) revenue has filed the present appeal. 2. I have heard Shri R K Mishra Ld. AR appearing for the Revenue. Nobody appeared for the respondent. 3. As per facts on record respondent is engaged in the manufacture of sponge iron. During the audit conducted in their factory for the period 2002-03 and 2004-05 certain discrepancies were found in the figures of raw materials as reflected in their bal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mand only based on variation between figures in balance sheet and returns submitted by assessee, without any evidence of clandestine removal is not sustainable. Balance sheet cannot be taken as a sacrosanct document to prove clandestine removal. This was also a view of Hon'ble Tribunal in the following decisions: i) S. Peter Vs. CCE 2007 (5) STR 237 ii) Karan textile Industries Vs. CC 2008 (232) ELT 863 iii) CCE Vs. Vidharbha Winding Wires 2008 (229) ELT 218 In the present case as pointed out during special audit there was some discrepancies in the figure of balance sheet and the statutory records. Such discrepancies are definitely a lead to proceed further for an investigation to establish clandestine removal with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain. I hold accordingly. 5. The said order of the Commissioner (A) is appealed by the Revenue. 6. On going through the impugned order I find that the appellate authority has referred to various precedent decisions of the Tribunal who held that the difference in the balance sheet figures and the statutory records cannot lead to the inevitable conclusion of clandestine activities, Similarly, in the absence of evidence to show that the income reflected in Balance sheet or otherwise is on account of manufacturing activities, the same cannot be held to be sale proceeds of clandestinely removed goods. The order of the appellate authority is a detailed order passed based the merits of the case and read with the law laid down by the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X
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