https://www.taxtmi.com/caselaws?id=241031 Penalty under Section 11AC of the Central Excise Act was held not leviable where stock shortage alone created suspicion but clandestine removal was not proved by material evidence. The absence of any confessional statement admitting unrecorded clearance, together with no corroborative investigation or seizure showing duty-evaded removal, meant the statutory ingredients for penalty were not satisfied. The Tribunal therefore treated suspicion as insufficient to replace proof and upheld deletion of the penalty in favour of the assessee. en-us Fri, 27 Sep 2013 00:00:00 +0530 Tue, 27 Oct 2015 12:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=241031 Penalty under Section 11AC of the Central Excise Act was held not leviable where stock shortage alone created suspicion but clandestine removal was not proved by material evidence. The absence of any confessional statement admitting unrecorded clearance, together with no corroborative investigation or seizure showing duty-evaded removal, meant the statutory ingredients for penalty were not satisfied. The Tribunal therefore treated suspicion as insufficient to replace proof and upheld deletion of the penalty in favour of the assessee. Case-Laws Central Excise Fri, 27 Sep 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=241031