https://www.taxtmi.com/caselaws?id=349964 A duty demand and penalty based on alleged shortage of finished goods and inputs were held unsustainable because the shortage was calculated on an average basis without actual weighment, so stock position was not reliably established. A manager's statement that the shortage could not be explained did not, by itself, prove clandestine clearance. In the absence of independent corroboration showing clandestine manufacture, transport, sale, or identification of buyers, the allegation failed. The demand and penalty were set aside for want of proof of clandestine removal, and the assessee succeeded. en-us Mon, 09 Oct 2017 00:00:00 +0530 Sat, 28 Oct 2017 08:16:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=349964 A duty demand and penalty based on alleged shortage of finished goods and inputs were held unsustainable because the shortage was calculated on an average basis without actual weighment, so stock position was not reliably established. A manager's statement that the shortage could not be explained did not, by itself, prove clandestine clearance. In the absence of independent corroboration showing clandestine manufacture, transport, sale, or identification of buyers, the allegation failed. The demand and penalty were set aside for want of proof of clandestine removal, and the assessee succeeded. Case-Laws Central Excise Mon, 09 Oct 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=349964