TMI Blog2018 (5) TMI 1660X X X X Extracts X X X X X X X X Extracts X X X X ..... LHI] held that the allegations based on inquiries made in the third party’s documents of Commission Agent and transporters cannot lead to the fact of clandestine activities. In the present case, the entire endeavor of the Revenue is based upon the documents recovered from the premises of M/s. Pankaj Ispat Ltd. read with the statement of their Director and by ignoring the statement of the Direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sauda Register . The scrutiny of the same revealed that during the period October 2010 to Nov. 2010, they have removed 164.410 MT of sponge iron to the present appellant without the cover of Central Excise invoices. The said fact was admieed by Shri Avinash Chandra, Director of M/s Shri Ambika Ispat. 3. From the above, Revenue entertained a view that the raw materials so received by the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16 (344) ELT 472 (Tribunal-Chan.). It was held in the said order that in the absence of any investigations conducted at the assessee s unit and in absence of any corroborative evidence of procurement of raw materials, transportation of the goods, flow back of money, etc., allegations of clandestine removal based on mere assumptions and presumptions are not sustainable. To the same effect is the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal-Delhi) held that the allegations based on inquiries made in the third party s documents of Commission Agent and transporters cannot lead to the fact of clandestine activities. In fact, the list is un-ending and it is almost a settled law that the allegations of clandestine removal cannot be upheld based upon the third party s records without there being any evidence reflecting upon such c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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