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2019 (5) TMI 710

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..... 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 raw materials, use of extra electricity, sale of final products, clandestine removal, transportation, payment , realization of sale proceeds, mode and flow back of funds - Inasmuch as in the present case, the Revenue’s entire case is solely based upon the scribbling made in the recovered loose papers, without there being any evidence of actual manufacture and removal of the final products, there a .....

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..... ent 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 final products revealed a shortage of 199.67 M.T. of M.S. Billets. The same was also believed to have been removed in a clandestine manner involving duty of ₹ 8.51 lakhs approximately. 2. Shri Shankey Goyal, Authorised Signatory of the appellant in his on the spot statement admitted duty liability on all the three counts and also presented a cheque of ₹ 20,04,055/-. The said statement of .....

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..... ss-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 removal is required to be uphold on the basis of the clinching evidence requiring proof of purchase of various raw materials, use of extra electricity, sale of final products, clandestine removal, transportation, payment , realization of sale proceeds, mode and flow back of funds, as held by the Hon ble Allahabad High Court in the case of Continental Cement Company Vs. Union of India - 2014 (30 .....

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