TMI Blog2018 (5) TMI 1349X X X X Extracts X X X X X X X X Extracts X X X X ..... ds. In that circumstance, the SCN was issued to demand duty on assumptions and presumptions is not sustainable in the eyes of law - appeal allowed - decided in favor of appellant. - Appeal No.E/1824-1825/2011-Ex - A/62257-62258/2018-EX[DB] - Dated:- 21-3-2018 - Mr. Ashok Jindal, Member (Judicial) And Mr.AnilG.Shakkarwar, Member (Technical) Present for the Appellant: Shri Bipin Garg/Mayank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to higher GP rate claimed by the appellants in their books of accounts. Therefore, it is the amount surrendered by them before the Income Tax Authorities, the same is income on account of profit earned on the goods cleared clandestinely by the appellants. The proceedings were initiated against the appellants to demand duty on the goods cleared clandestinely by the appellants by way of show cause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y have surrendered the income to buy the peace from the Income Tax Authorities. Admittedly, the Revenue has not come forward with the evidence that the appellants have cleared the goods on which the duty has not been paid. Therefore, in the absence of concrete evidence on record, the duty cannot be demanded on the basis of assumption and presumption. The same view was taken by this Tribunal in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax authorities pertain to clandestine manufacture and clearance of the goods. In that circumstance, the show cause notice was issued to demand duty on assumptions and presumptions is not sustainable in the eyes of law. Consequently, the impugned order is set aside and the appeals are allowed with consequential relief. (Dictated and pronounced in the court) - - TaxTMI - TMITax - Central Exc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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