https://www.taxtmi.com/caselaws?id=2959 A charge of clandestine removal cannot be sustained on stock shortage found only by eye estimation, without actual weighment, a supporting worksheet, or other reliable corroboration; the confiscation and related penalty were therefore set aside. The inadmissible Modvat credit on LDO was not disputed and the demand to that extent was upheld, but the appellant's reversal of the credit justified interference with the quantum of penalty, which was reduced. The decision confirms that unscientific stock verification is insufficient to prove clandestine removal, while admitted inadmissible credit continues to attract penal consequences subject to reduction on the facts. en-us Thu, 30 Aug 2007 00:00:00 +0530 Wed, 16 Apr 2008 11:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=2959 A charge of clandestine removal cannot be sustained on stock shortage found only by eye estimation, without actual weighment, a supporting worksheet, or other reliable corroboration; the confiscation and related penalty were therefore set aside. The inadmissible Modvat credit on LDO was not disputed and the demand to that extent was upheld, but the appellant's reversal of the credit justified interference with the quantum of penalty, which was reduced. The decision confirms that unscientific stock verification is insufficient to prove clandestine removal, while admitted inadmissible credit continues to attract penal consequences subject to reduction on the facts. Case-Laws Central Excise Thu, 30 Aug 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=2959