TaxTMI 
TaxTMI 
2016 (12) TMI 1462
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....uring the course of search some loose sheets were recovered written by Shri Pradeep Bhardwaj and Shri Satish Pandey in the form of report for a particular period. These loose slips were produced before the Managing director of the company who stated that these loose slips pertains to their clearance over and above recorded in their statutory records. On the basis of these the case has been made out against the assessee for clandestine removal of goods without payment of duty. Therefore, duty sought to be demanded from main assessee along with interest and penalty on both the assessees sought to be imposed. As these loose slips pertains to the period from June 2005-August 2008 and if the clearance of these loose slips are taken into account ....
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....its also they are entitled for SSI exemption limited during the period 2008-09. In view of the submission it is prayed by the ld. consulant of assessee that appeal filed by the assessee are to be allowed and Revenue appeals are to be dismissed. 4. On the other hand ld. AR appearing for the revenue reiterated the findings of the impugned order and submits that Ld. Commissioner (Appeal) was fell in error while giving benefit of limitation to the assessee by granting them exemption under notification no. 08/2003. He further submits that as it is a case of clandestine removal of the goods, therefore, extended period of limitation is invokable in the facts and circumstances of the case. 5. Heard the parties and considered the submissions. 6. ....
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....record by the adjudicating authority or the inspecting team, therefore, relying on the said decision cited hereinabove, we hold that charge of clandestine removal is not sustainable in the absence of any corroborative evidence to the statement of Shri Baldev Singh, Managing Director." 7. Further, in the case of Vikram Cement (P) Ltd. (Supra) which has been upheld by the Hon'ble high court reported in 2014 (303) ELT A 82 (All) this tribunal has furthered observed as under: "Plethora of judgments have been held that is for the revenue to establish the case of clandestine removal by production of concrete and tangible evidence. I find that apart from loose papers, which on the face of it cannot be related to the appellants business accounts....