https://www.taxtmi.com/caselaws?id=125929 Clandestine removal cannot be sustained on a theoretical formula alone when no corroborative evidence shows unrecorded manufacture or clearance. The Tribunal noted that laminated fabrics were cleared under Chapter X procedure and that the assessee had produced technical material, including a Chartered Engineer's certificate, BIS standards and an IPCL letter indicating that lamination yields may vary. Because the adjudication order did not properly consider this material and relied mainly on a ratio calculation and excess stock found during search, the demands on items other than the seized goods and related HDPE tapes were set aside. The penalty was reduced accordingly. en-us Fri, 29 May 2009 00:00:00 +0530 Thu, 03 Jan 2019 18:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=125929 Clandestine removal cannot be sustained on a theoretical formula alone when no corroborative evidence shows unrecorded manufacture or clearance. The Tribunal noted that laminated fabrics were cleared under Chapter X procedure and that the assessee had produced technical material, including a Chartered Engineer's certificate, BIS standards and an IPCL letter indicating that lamination yields may vary. Because the adjudication order did not properly consider this material and relied mainly on a ratio calculation and excess stock found during search, the demands on items other than the seized goods and related HDPE tapes were set aside. The penalty was reduced accordingly. Case-Laws Central Excise Fri, 29 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=125929