https://www.taxtmi.com/caselaws?id=84413 Where a factory had already been taken over by Rajasthan Financial Corporation and had passed out of the assessee's effective control before stock verification, a mere stock shortage was insufficient to sustain central excise duty or penalty. The department had intimated the takeover in time but failed to prove that the assessee retained control, removed the goods, or otherwise engaged in clandestine clearance. In the absence of evidence of actual removal or evasion, liability under Rule 173Q of the Central Excise Rules, 1944 could not be established. The demand and penalty were therefore held unsustainable. en-us Wed, 07 Jun 1995 00:00:00 +0530 Thu, 21 Jul 2011 17:57:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=84413 Where a factory had already been taken over by Rajasthan Financial Corporation and had passed out of the assessee's effective control before stock verification, a mere stock shortage was insufficient to sustain central excise duty or penalty. The department had intimated the takeover in time but failed to prove that the assessee retained control, removed the goods, or otherwise engaged in clandestine clearance. In the absence of evidence of actual removal or evasion, liability under Rule 173Q of the Central Excise Rules, 1944 could not be established. The demand and penalty were therefore held unsustainable. Case-Laws Central Excise Wed, 07 Jun 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=84413