2019 (6) TMI 500

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....ivate and statutory were seized. Statements were recorded from the employees and the Show Case Notice was issued. The Adjudicating Authority confirmed the demand along with interest and imposed penalty of equal amount under Rule 25 of the Central Excise Rules, 2002 read with Section 11AC of the Central Excise Act, 1944. Penalties were also imposed upon the Director and Employees of the appellant company. Hence, the present appeals before the Tribunal. 2. The Learned Consultant appearing on behalf of the appellants submits that the order passed by the Ld. Commissioner has not dealt with all the issues as raised by the appellants in the reply to the Show Cause Notice. He referred to one private Register which has been recovered and seized ....

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....proved at all by the Department as specially unaccounted for manufacturing of M.S. Ingot and clandestine removal thereof. The inference of CRC on the basis of loose sheets and private records is perverse as the entries made in the loose sheet and private record, without proper verification do not construed the legal admissible evidence. 6. Unless there is clinging evidence of the nature of purchase of raw materials, use of electricity, sale of final products and mode of flow back of funds etc. Demands cannot be confirmed solely on the basis of presumption and assumption. Clandestine removal is the serious charge against the manufacturer which is required to be discharged by the Revenue by production of sufficient and tangible evidence. I....