TaxTMI 
TaxTMI 
2004 (12) TMI 188
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....J)]. - The misc. application seeks for change of cause title in terms of the Certificate issued by the Registrar of Companies. The appellant shall be known as Arch Pharmalabs Limited. 2. This appeal arises from OIA No. 118/2002, dated 22-10-2002 confirming the demands on the allegation of clandestine removal of goods manufactured and cleared on the basis of delivery challans and commercial invo....
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.... the statements. In view of the contradictory statements of Shri Subramanyam, the finding arrived at by the Commissioner are assumptions and is not correct in law. 3. The learned Counsel arguing for the appellants submitted that it is now well settled that entries made in private diaries cannot be the ground to confirm demands. He relied on the judgment rendered in the case of M.T.K. Gurusamy v....
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....GAT - Del.). Reliance was also placed on the judgment rendered in the case of CCE, Coimbatore v. Sangamitra Cotton Mills (P) Ltd. - 2004 (163) E.L.T. 472 (Tri. - Chennai). The learned Counsel submits that in view of lack of corroborative evidence by the investigating authorities, the demands are required to be set aside. 4. The learned SDR submits that the appellants had admitted the offence an....
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....l settled position that entries made in private diaries cannot be considered as a conclusive evidence for confirming the demands on the allegation of clandestine removal. Furthermore, on going through the submissions made by Shri G.V.S. Subramanyam, we notice that there are lot of discrepancies and contradictions. The authorities have not taken into consideration the explanation given by the appel....