https://www.taxtmi.com/caselaws?id=47987 Clandestine removal cannot be sustained on mere discrepancies between statutory and private records where the assessee has offered a specific quantitative reconciliation and explanation; the fact-finding authority must consider that explanation and support the charge with concrete, tangible evidence. The penalty was also found unsustainable because Section 11AC could not be applied retrospectively to a prior period, and the notice and order under Rule 173Q failed to identify the exact clause allegedly violated. The adverse findings on clandestine removal and penalty were therefore set aside, and the matter was remitted for fresh consideration of the assessee's explanation. en-us Thu, 14 Dec 2006 00:00:00 +0530 Fri, 09 Feb 2024 18:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=47987 Clandestine removal cannot be sustained on mere discrepancies between statutory and private records where the assessee has offered a specific quantitative reconciliation and explanation; the fact-finding authority must consider that explanation and support the charge with concrete, tangible evidence. The penalty was also found unsustainable because Section 11AC could not be applied retrospectively to a prior period, and the notice and order under Rule 173Q failed to identify the exact clause allegedly violated. The adverse findings on clandestine removal and penalty were therefore set aside, and the matter was remitted for fresh consideration of the assessee's explanation. Case-Laws Central Excise Thu, 14 Dec 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=47987