https://www.taxtmi.com/caselaws?id=249401 Clandestine removal in excise cannot be inferred merely from discrepancies between annual financial accounts and RT-12 returns when the assessee has satisfactorily explained the variation; the Revenue must prove unaccounted clearance with cogent evidence, and the demand was therefore unsustainable. Extended limitation also cannot be invoked in the absence of suppression or concealment, particularly where the financial accounts were circulated shortly after year-end and the record did not show deliberate withholding of material facts; the longer period was accordingly held unavailable. The impugned order was set aside and consequential relief followed. en-us Thu, 02 Jan 2014 00:00:00 +0530 Sat, 12 Jul 2014 13:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=249401 Clandestine removal in excise cannot be inferred merely from discrepancies between annual financial accounts and RT-12 returns when the assessee has satisfactorily explained the variation; the Revenue must prove unaccounted clearance with cogent evidence, and the demand was therefore unsustainable. Extended limitation also cannot be invoked in the absence of suppression or concealment, particularly where the financial accounts were circulated shortly after year-end and the record did not show deliberate withholding of material facts; the longer period was accordingly held unavailable. The impugned order was set aside and consequential relief followed. Case-Laws Central Excise Thu, 02 Jan 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=249401