Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

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

Excise demand fails as s.14 statements hit by s.9D, uncertified s.36B computer printouts lack evidentiary value

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CESTAT allowed the appeal of the Appellant-Company and set aside the impugned order confirming duty demand for alleged clandestine removal of sponge iron. It held that proceedings were vitiated as they were founded solely on statements recorded under s.14 of the Central Excise Act, 1944, without compliance with the mandatory procedure under s.9D, rendering such statements devoid of evidentiary value. Further, computer printouts seized from a third party, lacking certification as mandated under the Evidence Act and s.36B of the Central Excise Act, were held inadmissible. CESTAT also noted the complete absence of corroborative evidence such as stock discrepancy, transport documents, or statements of vehicle owners/drivers. Consequently, the demand, interest, and penalties were held unsustainable in law.....