https://www.taxtmi.com/caselaws?id=222051 Duty demand and penalty based on shortage of finished goods were not sustainable where the shortage was determined only by approximate stock estimation, the quantity was small, and no corroborating evidence of clandestine removal was produced. The corresponding demand for reversal of Cenvat credit on alleged shortage of duty paid scrap or raw material also failed because the raw material was stored in heaps, exact verification was difficult, and the Revenue did not establish clandestine clearance, manipulated receipt, or an adverse consumption-production correlation. In the absence of independent evidence, the assessee was entitled to the benefit of doubt. en-us Thu, 14 Jun 2012 00:00:00 +0530 Fri, 12 Apr 2013 14:00:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=222051 Duty demand and penalty based on shortage of finished goods were not sustainable where the shortage was determined only by approximate stock estimation, the quantity was small, and no corroborating evidence of clandestine removal was produced. The corresponding demand for reversal of Cenvat credit on alleged shortage of duty paid scrap or raw material also failed because the raw material was stored in heaps, exact verification was difficult, and the Revenue did not establish clandestine clearance, manipulated receipt, or an adverse consumption-production correlation. In the absence of independent evidence, the assessee was entitled to the benefit of doubt. Case-Laws Central Excise Thu, 14 Jun 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=222051