TaxTMI 
TaxTMI 
2018 (7) TMI 523
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....nd form 3D for the financial year 2012-2013, a shortage / excess of 28,324 Kgs. of PVC compound and 247 Kgs of Master batch was noted. Upon inquiry, the appellant explained that their Chartered Accountant had wrongly mentioned the quantity of raw material consumed in place of the figures of quantity manufactured during the year 2012-13, which was the reason for this excess/ shortage. It was also submitted that the difference was due to the burning loss during manufacturing. The appellant also submitted Chartered Accountant's certificate to that effect but the same was not accepted by the department and show cause notice dated 23.2.2016 was issued to the appellant as to why: (i) extended period of five years provided under Sub-section (4) o....
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....f the department regarding clandestine removal is based upon mis-match in respect of quantity of finished goods namely, PVC compound and master batch for the financial year 2012- 2013, when the returns were filed by the appellants with the Excise department which were compared with the statement submitted with the Income Tax department in form 3CD. 5. Apart from that, there is no corroborative evidence. Although the appellants claimed that Chartered Accountant made a clerical mistake of entering figures of raw materials instead of finished goods, while preparing the balance sheet and filing of form 3CD, but since it is not supported by any corroborative evidence, therefore, it did not find favour with the department. It is settled legal po....