Appeal Allowed: No Evidence of Clandestine Manufacturing, Penalty on Director Overturned Due to Lack of Corroboration.

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Appeal Allowed: No Evidence of Clandestine Manufacturing, Penalty on Director Overturned Due to Lack of Corroboration.

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....Clandestine manufacture and removal allegation - substantial electricity consumption cited as evidence - no other corroborative evidence found - Revenue failed to rebut appellant's claims - penalty imposed on Director. Held: Search commenced suddenly without notice, no chance for appellant to hide evidence. No raw materials, consumables, in-process or finished goods stocks found or recorded in Panchanama. Panchanama did not indicate manufacturing activities noticed during surprise visit. Revenue claimed six trucks carried finished goods, appellant countered they carried scrap from Kilns fabrication and installation. No clarity on when CPU was seized and whether Panchanama prepared for it, raising doubts on veracity of Revenue's claims based.........

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Appeal Allowed: No Evidence of Clandestine Manufacturing, Penalty on Director Overturned Due to Lack of Corroboration.