Just a moment...

Report
FeedbackReport
Bars
Logo TaxTMI
>
×

By creating an account you can:

Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Excise Duty Case Dismissed: Lack of Evidence Invalidates Rs. 3 Crore Demand on Stock Shortage Allegations

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CESTAT adjudicated a central excise duty dispute involving alleged clandestine removal of goods without valid invoices. The tribunal invalidated the demand of Rs. 3,04,24,623/- and Rs. 1,76,650/- due to procedural non-compliance under section 9D of the Central Excise Act. Key deficiencies included: unexamined witness statements, unverified loose papers, and absence of corroborative evidence for stock shortage allegations. The tribunal emphasized that mere detection of stock shortages cannot automatically establish clandestine removal, necessitating comprehensive investigation considering multiple evidentiary factors. Consequently, the entire demand with accompanying interest and penalty was set aside, effectively allowing the appellant's appeal.....