<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2009 (6) TMI 858 - CESTAT, BANGALORE</title>
    <link>https://www.taxtmi.com/caselaws?id=126715</link>
    <description>Duty demand and penalties based on alleged excess electricity consumption failed because the department relied on theoretical estimates rather than tangible proof of clandestine manufacture and clearance. The assessee&#039;s explanations for higher power use, including voltage fluctuations, raw material quality, and furnace conditions, were not effectively rebutted, and correspondence with the electricity board supported voltage fluctuation. Driver statements also lost evidentiary value, and stock discrepancies had already been rejected as estimate-based. Suspicion from electricity consumption could not replace corroborative evidence, so the demand and penalties were set aside.</description>
    <language>en-us</language>
    <pubDate>Tue, 23 Jun 2009 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 05 Jul 2017 11:54:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=163605" rel="self" type="application/rss+xml"/>
    <item>
      <title>2009 (6) TMI 858 - CESTAT, BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=126715</link>
      <description>Duty demand and penalties based on alleged excess electricity consumption failed because the department relied on theoretical estimates rather than tangible proof of clandestine manufacture and clearance. The assessee&#039;s explanations for higher power use, including voltage fluctuations, raw material quality, and furnace conditions, were not effectively rebutted, and correspondence with the electricity board supported voltage fluctuation. Driver statements also lost evidentiary value, and stock discrepancies had already been rejected as estimate-based. Suspicion from electricity consumption could not replace corroborative evidence, so the demand and penalties were set aside.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Tue, 23 Jun 2009 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=126715</guid>
    </item>
  </channel>
</rss>