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2007 (8) TMI 556
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.... Respondent. [Order]. - The Revenue is in appeal against the order of the Commissioner of Central Excise (Appeals) holding that the difference between the balance sheet figures and figures in statutory records i.e. RT.12 returns submitted to the department cannot lead to a conclusion of clandestine removal so as to lead to duty demand and imposition of penalty. 2. I have heard ....
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.... is indulged in clandestine clearance, in view of the explanation given by them which has not been found to be faulted. The ld. SDR's relies on the Tribunal's order in Kothari Shah Texturisers P. Ltd v. CCE, Surat [2006 (196) E.L.T. 116] to support the contention that clandestine removal has been established by the difference in figures in the balance sheet and the statutory records. However, I fi....
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....eld that there was no evidence on record to prove clandestine removal of the goods; that no one from the market has come forward to accept the purchase of goods from the appellant and there was no evidence to prove excess receipt of inputs by the appellant company during the year 1998-99 and there was no detention or seizure of unaccounted goods from the assessee's factory. In the present case als....