https://www.taxtmi.com/caselaws?id=81128 Conflicting production figures in departmental declarations, statutory records and supporting certificates can justify an adverse inference where the assessee gives no credible reconciliation. On that basis, the duty demand for unaccounted removal of duplex paper was sustained because the discrepancy, together with poor raw material accounting, indicated clandestine clearance. The same facts established suppression and misstatement, so the extended limitation period was validly invoked and the demand was not time-barred. A separate penalty order was also upheld because the penalty issue had been reserved in the first order and functus officio did not apply where duty and penalty could be dealt with separately. en-us Mon, 04 Mar 1991 00:00:00 +0530 Wed, 22 Jun 2011 15:59:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=81128 Conflicting production figures in departmental declarations, statutory records and supporting certificates can justify an adverse inference where the assessee gives no credible reconciliation. On that basis, the duty demand for unaccounted removal of duplex paper was sustained because the discrepancy, together with poor raw material accounting, indicated clandestine clearance. The same facts established suppression and misstatement, so the extended limitation period was validly invoked and the demand was not time-barred. A separate penalty order was also upheld because the penalty issue had been reserved in the first order and functus officio did not apply where duty and penalty could be dealt with separately. Case-Laws Central Excise Mon, 04 Mar 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=81128