Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Central Excise - Highlights / Catch Notes

Home Highlights May 2025 Year 2025 This

CESTAT adjudicated a case involving alleged clandestine ...


Manufacturer Cleared of Clandestine Production Allegations Due to Insufficient Evidence in Landmark Excise Duty Case

May 20, 2025

Case Laws     Central Excise     AT

CESTAT adjudicated a case involving alleged clandestine manufacture and removal of goods. The tribunal found insufficient evidentiary support for the revenue's claims, specifically noting lack of substantive proof regarding raw material procurement, labor employment, electricity consumption, production capacity, and sales transactions. Referencing precedent cases, the tribunal determined that mere private records and investigative statements do not constitute conclusive evidence of clandestine production. Consequently, the excise duty demand was deemed unsustainable, and consequently, associated penalties were dropped. The appellate tribunal set aside the original orders and allowed the appeal, effectively exonerating the appellant from the alleged infractions.

View Source

 


 

You may also like:

  1. Clandestine removal - suppression of production - Merely deposit of money at the time of investigation would not amount to acceptance of allegations of clandestine...

  2. CESTAT upheld duty and penalty demand against manufacturer for clandestine goods removal. The tribunal found substantial evidence through private records, managing...

  3. Clandestine manufacture and removal - The allegation/observation of suppression of production and clandestine removal is a serious allegation and it has to be...

  4. Clandestine removal - evasion of duty - clearance of branded Khaini - burden to prove on Revenue - Ultimately, the High court concurred with the majority view of the...

  5. The CESTAT set aside the demand and penalties imposed on the grounds of alleged clandestine removal, holding that the charge was not substantiated by sufficient evidence....

  6. Cenvat Credit - allegation of non receipt of inputs - No manufacturer can be expected to keep documentary evidences of its clandestine activities. - demand confirmed - AT

  7. Bad Debts – The manufacturer has to bear the loss due to sedimentation - claim allowed - AT

  8. Clandestine Removal - clandestine removal is a serious charge and requires to be substantiated by evidence encompassing various activities in the chain of events. - The...

  9. Clandestine Removal of goods - Revenue cannot build its case based upon the theoretical percentage calculation of waste generated, without production of any evidence to...

  10. Clandestine Removal - Loss of quantity due to temperature variation - petroleum products - The demand is raised only because of the difference in quantity when the...

  11. allegations of clandestine removal are serious allegation and cannot be upheld on the basis of photocopies of some of the invoices, supplied by an in un-identified informer - AT

  12. Clandestine removal - cigarettes - The onus to establish such clandestine activities, resulting in confirmation of demand is placed heavily on the Revenue and is...

  13. Clandestine Removal - demand based on documents and information recovered from third party / ex-employee - There was no scrap of paper or evidence linking the assessee...

  14. Clandestine removal - CENVAT credit Demand - Penalty - shortage of goods - Mere signing of the chart alleging removal of finished goods cannot be treated as clear...

  15. Central Excise demands cannot be sustained solely based on confessional statements without corroborative documentary evidence. Retracted affidavits cannot be relied upon...

 

Quick Updates:Latest Updates