2008 (9) TMI 866

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.... Respondent. ORDER M/s. Universal Polythene Industries, Patna manufactures ACSR Squirrel Conductors. The production figures for the year 1989-90 in RT-12 returns show manufacture of ACSR Squirrel Conductors to the extent of 102.150 kilometers only. However, in the balance sheet for the year 1989-90, it was found that M/s. Universal Polythene Industries had manufactured ACSR Squirrel conducto....

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....rge of clandestine removal is not fit to be accepted and, accordingly, it dropped the charge. The appeal preferred by Central Excise Authorities against the aforesaid order has also failed, and Customs, Excise and Gold (Control) Appellate Tribunal, Calcutta by order dated 30-6-2000 [2001 (130) E.L.T. 228 (Tribunal)] dismissed the appeal. 2. Aggrieved by the same, the Commissioner of Central Exc....

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....nce sheet of the manufacturer i.e. Universal Polythene Industries having been prepared by a professional, qualified Chartered Accountant recognized by the Institute of Chartered Accountants in terms of the provisions of the Company Act, same was not fit to be ignored. He submits that the balance sheet is prepared by the Chartered Accountant on the basis of the materials furnished by the manufactur....

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....-12 may prevail. Similarly in case of conflict, in a particular case the balance sheet may prevail. In case the manufacturer come out with plausible explanation and assigns valid reason for showing higher production in the balance-sheet, the later may be accepted. In our opinion both are pieces of evidence and which deserve acceptance is to be decided on the basis of further material available. Th....