https://www.taxtmi.com/caselaws?id=246676 Demand of duty and penalties based on alleged stock shortage was held unsustainable where the shortage was not supported by any actual weighment record or other material showing clandestine removal. The authorised signatory's statement, by itself, was not enough to prove evasion, especially when raw material stock showed no discrepancy and no independent corroborative evidence was produced. The settled principle applied is that clandestine removal must be established by concrete, tangible and corroborative evidence; an admission or shortage entry alone is not conclusive. On that basis, the demand and penalties were set aside in favour of the assessee. en-us Mon, 26 Nov 2012 00:00:00 +0530 Sun, 20 Apr 2014 16:40:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=246676 Demand of duty and penalties based on alleged stock shortage was held unsustainable where the shortage was not supported by any actual weighment record or other material showing clandestine removal. The authorised signatory's statement, by itself, was not enough to prove evasion, especially when raw material stock showed no discrepancy and no independent corroborative evidence was produced. The settled principle applied is that clandestine removal must be established by concrete, tangible and corroborative evidence; an admission or shortage entry alone is not conclusive. On that basis, the demand and penalties were set aside in favour of the assessee. Case-Laws Central Excise Mon, 26 Nov 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=246676