TMI Blog2018 (9) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... recorded under Section 14 of the Central Excise Act, 1944 and even when the statement was not retracted? Held that:- Primarily two authorities have concurrently held that the assessee’s stand of fire breaking out in its units was duly established. This led to higher wastage than average. The customers had admitted having received goods and made payments through cheques. Demand cannot sustain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crimped texturised yarn. According to the department, the assessee had clandestinely removed certain goods claiming as waste in the manufacturing process close to 6 to 7% whereas in ordinary cases, waste reported is 0.5%. These discrepancies were noticed by the visiting officers of the department on 2-7-1996. Subsequently, investigations were carried out. Statements of authorised signatory of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the respondent. A perusal of the documents on record would show that the Tribunal has given detailed reasons for confirming the appellate order of the Commissioner. The Commissioner had recorded that the investigating officer had prepared statements of alleged illicit clearance of yarn from two units of assessee which were prepared on the basis of delivery chalans and other seized records. Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee had produced the evidence called for i.e. calling for fire brigade, press report, reporting of such fire to the police officers about the same etc. Wastage was also reflected in the assessee s accounts. 4. The Tribunal re-examined the evidence and confirmed these findings. We see no reason to interfere. Primarily two authorities have concurrently held that the assessee s stand of fir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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