Penalty on Director Overturned Due to Insufficient Evidence and Lack of Cross-Examination Under Central Excise Act.

Penalty on Director Overturned Due to Insufficient Evidence and Lack of Cross-Examination Under Central Excise Act. https://www.taxtmi.com/highlights?id=74456 Levy of penalty u/r 26 on the Director of the company - Allegation of Clandestine removal of goods - The Tribunal observed that the statement of an employee, admitting to supplying goods, did not specify quantities, values, or payments, making it insufficient as evidence. - Further, The adjudicating authority did not cross-examine the employee, as required under Section 9 (d) of the Central Excise Act, 1944. Without cross-examination, the employee's statement could not be relied upon as evidence. - No penalty - AT en-us Tue, 30 Jan 2024 08:50:25 +0530 Tue, 30 Jan 2024 08:50:25 +0530 TaxTMI RSS Generator Penalty on Director Overturned Due to Insufficient Evidence and Lack of Cross-Examination Under Central Excise Act. https://www.taxtmi.com/highlights?id=74456 Levy of penalty u/r 26 on the Director of the company - Allegation of Clandestine removal of goods - The Tribunal observed that the statement of an employee, admitting to supplying goods, did not specify quantities, values, or payments, making it insufficient as evidence. - Further, The adjudicating authority did not cross-examine the employee, as required under Section 9 (d) of the Central Excise Act, 1944. Without cross-examination, the employee's statement could not be relied upon as evidence. - No penalty - AT Highlights Central Excise Tue, 30 Jan 2024 08:50:25 +0530 https://www.taxtmi.com/highlights?id=74456