TMI Blog2018 (10) TMI 758X X X X Extracts X X X X X X X X Extracts X X X X ..... not related to the appellant, therefore, the statement of Shri Mahesh Tiwari cannot be the basis to allege clandestine removal of goods. Merely on the ground that appellant has issued certain invoices on which no duty has been paid and sales figure from the bank cannot be the reason to allege clandestine removal of goods in the absence of the other related evidences, such as, electricity consu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lty on both the appellants have been imposed. 2. The facts of the case are that on the basis of intelligence, an investigation was conducted at the factory premises of the appellant on 06/07/2005, wherein several discrepancies were found and one of the discrepancy was that the appellant issued some (without duty paying) invoices during the impugned period. There were certain statements showing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on the decision of M/s Vijay Packaging Systems Ltd. and others vs. CCE, Hyderabad 2010 TIOL 1662 CESTAT BANG. 4. On the other hand, learned AR submits during the course of investigation, the bank manager himself has certified their sales figures. Moreover, in their statement furnished to the banks, they were shown the higher figures of sales and corresponding invoices has been pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atement has ever been recorded during the course of investigation. Further, the statement of Shri Mahesh Tiwari which was heavily relied upon by the Revenue was retracted by him very next day. Moreover, during the impugned period, Shri Mahesh Tiwari was not related to the appellant, therefore, the statement of Shri Mahesh Tiwari cannot be the basis to allege clandestine removal of goods. With rega ..... X X X X Extracts X X X X X X X X Extracts X X X X
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