TaxTMI 
TaxTMI 
2005 (5) TMI 139
X X X X Extracts X X X X
X X X X Extracts X X X X
....ber (T)]. - This is an appeal against Adjudication Order No. 54/2000, dated 28-11-2000 passed by the Commissioner of Central Excise, Visakhapatnam 2. On scrutiny of the financial statements and other records, it was revealed that production figures shown in the Balance Sheets were not tallying with the Central Excise records. In fact, there was a difference of 22,017 number of tyres. On the bas....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ocate appeared for the appellant and Shri R.V. Ramakrishnappa, the learned JDR appeared for Revenue. 4. The learned Advocate urged that apart from the discrepancy between the Balance Sheet and the Central Excise records, there is no other corroborative evidence for any clandestine removal. Higher figures were shown in the Balance Sheet only for getting financial support from the banks. Moreover....
X X X X Extracts X X X X
X X X X Extracts X X X X
....olymers Pvt. Ltd. v. CCE, Hyderabad - 2000 (120) E.L.T. 148 (Tribunal), it has been held that demands raised solely on the basis of the statement furnished by the assessee to the banks are not sustainable. (iii) In the case of CCE, Patna v. Universal Polyethylene Industries - 2001 (130) E.L.T. 228 (Tri. - Kolkata), it has been held that the standard of proof in case of clandestine removal....
X X X X Extracts X X X X
X X X X Extracts X X X X
....though there is discrepancy between the Balance Sheet and Central Excise records, the Manager (Finance) has stated the reasons for the same. According to him, the Company used to issue commercial invoices much before the sale. He has stated that the Central Excise figures represent the correct production and removal. However, the Commissioner has not accepted his explanation. No doubt, the irregul....