<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2005 (10) TMI 181 - CESTAT, BANGALORE</title>
    <link>https://www.taxtmi.com/caselaws?id=54851</link>
    <description>A duty demand based solely on estimated stock shortage under Rule 223A of the Central Excise Rules, 1944 was unsustainable where stock verification involved estimation, departmental officers only associated with the exercise, and there was no evidence of clandestine removal. The Tribunal treated practical stock-accounting limitations in the steel plant context as relevant and held the shortage finding unsafe on the record. On limitation, the demand was governed by Section 11A of the Central Excise Act, 1944, and the extended period could not be invoked absent suppression, fraud, or clandestine removal. The demand was therefore held time-barred and set aside in full.</description>
    <language>en-us</language>
    <pubDate>Tue, 04 Oct 2005 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 01 May 2024 12:33:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=93328" rel="self" type="application/rss+xml"/>
    <item>
      <title>2005 (10) TMI 181 - CESTAT, BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=54851</link>
      <description>A duty demand based solely on estimated stock shortage under Rule 223A of the Central Excise Rules, 1944 was unsustainable where stock verification involved estimation, departmental officers only associated with the exercise, and there was no evidence of clandestine removal. The Tribunal treated practical stock-accounting limitations in the steel plant context as relevant and held the shortage finding unsafe on the record. On limitation, the demand was governed by Section 11A of the Central Excise Act, 1944, and the extended period could not be invoked absent suppression, fraud, or clandestine removal. The demand was therefore held time-barred and set aside in full.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Tue, 04 Oct 2005 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=54851</guid>
    </item>
  </channel>
</rss>