https://www.taxtmi.com/caselaws?id=53835 Duty demand for alleged clandestine removal of scrap cannot be sustained on the basis of an uncorroborated lorry driver's statement alone, especially where there is no independent investigation, no purchaser statements, and no supporting documents such as trip sheets. In the absence of the assessee's admission or other reliable evidence, the statement was treated as too vague to establish clandestine clearance, and the demand was set aside. Penalty for irregular Modvat credit was sustained because the credit had been taken on seized goods and later reversed, but the amount was reduced as excessive in light of the limited credit involved. en-us Tue, 01 Feb 2005 00:00:00 +0530 Fri, 15 Oct 2010 14:05:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=53835 Duty demand for alleged clandestine removal of scrap cannot be sustained on the basis of an uncorroborated lorry driver's statement alone, especially where there is no independent investigation, no purchaser statements, and no supporting documents such as trip sheets. In the absence of the assessee's admission or other reliable evidence, the statement was treated as too vague to establish clandestine clearance, and the demand was set aside. Penalty for irregular Modvat credit was sustained because the credit had been taken on seized goods and later reversed, but the amount was reduced as excessive in light of the limited credit involved. Case-Laws Central Excise Tue, 01 Feb 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=53835