Concrete Evidence Needed for Allegations of Clandestine Removal in Central Excise Matters, Mere Discrepancies Insufficient.

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....Clandestine Removal - Demand based on Balance Sheet / Profit and loss account figures - There must be some positive evidence brought on record to substantiate the allegation of clandestine clearance. Mere allegation of shortage based on the difference in sales figures found between the balance sheet and the and ER-1 Returns, cannot be the basis for confirming the central excise duty on the differential quantity. - AT....