https://www.taxtmi.com/caselaws?id=51615 Excise duty demand based on alleged suppression of production and clandestine removal cannot rest on theoretical calculations of manganese content, assumed yield, or arithmetical estimation alone. Actual consumption, wastage and burning loss had to be considered, and the record did not provide reliable evidence of unaccounted manufacture or removal beyond an employee statement and assumptions. The same calculation method had already been rejected in the assessee's own case and in comparable matters. The demand therefore failed, and the consequential penalty, confiscation and interest were also set aside. en-us Tue, 12 Nov 2002 00:00:00 +0530 Mon, 27 Sep 2010 11:33:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=51615 Excise duty demand based on alleged suppression of production and clandestine removal cannot rest on theoretical calculations of manganese content, assumed yield, or arithmetical estimation alone. Actual consumption, wastage and burning loss had to be considered, and the record did not provide reliable evidence of unaccounted manufacture or removal beyond an employee statement and assumptions. The same calculation method had already been rejected in the assessee's own case and in comparable matters. The demand therefore failed, and the consequential penalty, confiscation and interest were also set aside. Case-Laws Central Excise Tue, 12 Nov 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=51615