Burden of Proof on Revenue: No Evidence of Clinker Manufacturing, No Duty Imposed Due to Limestone Shortage Presumptions.

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....Clandestine removal - Clinker - It is not for the respondent to show that they have not actually manufactured any final product out of this limestone found short. It is for the Revenue to, if a show cause notice is to be issued, to prove that the clinker was actually manufactured. In the present case, we find no such evidence coming forth. Therefore, even if it is held that the appellant has not satisfactorily explained its shortage of limestone, no duty can be demanded on presumption of manufacture of clinker - AT....