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2019 (5) TMI 710

..... the authorized Signatory, Shri Shankey Goyal and the shortages detected in the stock of final products. HELD THAT:- The statement of the authorized signatory stands retracted subsequently and has also not been tested upon the touch stone of the cross examination and examination-in-chief. The Hon’ble Punjab & Haryana High Court in the case of Jindal Drugs Pvt. Ltd. Vs. Union of India [2016 (6) TMI 956 - PUNJAB & HARYANA HIGH COURT] has held that the statement, which has not been cross-examined and examination in-chief, has to be kept out of consideration. It is well settled law that the allegation of clandestine removal is required to be uphold on the basis of the clinching evidence requiring proof of purchase of various .....

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..... 2012 and a quantity of 60 M.T. was entered in stock register on the said date. As such, the visiting officers entertained a belief that balance quantity of 74.862 M.t. of M.S. Billets was removed by the appellant in a clandestine manner. Further, some bills, weighbridge slips and loose papers relating to the period 14.09.2012 to 10.10.2012 were also recovered from the factory indicating procurement of 217.155 M.T. of Iron Scrap (raw materials). The said quantity was not reflected in the statutory records and as such, Revenue entertained a belief that the same was used in the manufacture of Billets, which were ultimately cleared without entering in the records and without payment of duty of around ₹ 8.37 lakhs. Stock taking of the fina .....

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..... detected in the stock of final products. The statement of the authorized signatory stands retracted subsequently and has also not been tested upon the touch stone of the cross examination and examination-in-chief. The Hon ble Punjab & Haryana High Court in the case of Jindal Drugs Pvt. Ltd. Vs. Union of India - 2016 (340 ) ELT 67 (P&H) has held that the statement, which has not been cross-examined and examination in-chief, has to be kept out of consideration. Further, the Revenue, apart from relying on some entries on the loose rough sheets, has not further investigated the matter and found as to whether the goods were actually manufactured in the appellant s factory or not. It is well settled law that the allegation of clandestine .....

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