same time every precaution, consistent with these provisions, to prevent its clandestine removal
investigating authority has not brought out any evidence to prove the clandestine removal but alleged only of assumptions and presumptions. No corroborative evidences such excess ... excess of the invoice are forthcoming to prove the alleged clandestine removal. In case of Shreenath Cement Industries Vs CCE, Jaipur
only where
there is a clandestine import evading the assessment of duty
but also where there is a clandestine removal without
payment of the assessed ... only where there is a clandestine
import evading the assessment of duty but also where there
is a clandestine removal without payment of the assessed
number of original documents (hereinafter referred to as sourced documents) indicating clandestine removal of the appellants final product. These sourced documents consisted mainly delivery challans ... with corresponding CTO data, thus revealing that those unaccounted consignments were clandestinely removed by KPL
16. To put in a nutshell
reproduced below:-
1. 2001 (130) E.L.T. 228 (T) Clandestine removal and
Commissioner of CE., Patna clearance is a serious charge
Vs against manufacturer ... para 6
3. 2001 (130) E.L.T. 719 (T) Kolkata Clandestine removal-
BRIMS PRODUCTS Evidence-Standard of-No
VS positive evidence to
COMMR
enquiries it had been
found that the Appellant had manufactured and removed clandestinely 36
ACs illicitly without following the Central Excise procedure. The Appellant
CEAC ... above the ones in the
statutory documents.
25. As regards the clandestine removal of 36 ACs involving dues amounting
to Rs.3,53,650 during
herein were indulging in clandestine clearances. It is the submission that the appellants completely denied the allegation of clandestine removal; submitting details of raw material ... regarding the clandestine manufacturing of final products by the RFPL and PFPL, it goes without saying, that there is no clandestine removal of goods
Pursuant to information received that the appellants were indulging in clandestine removal of goods and evasion of duty, the investigating agency of the revenue department ... Commissioner in the impugned orders has answered the charge of clandestine removal of goods against the appellants on the basis of capacity of machines installed
recorded and clearing the same clandestinely.
38. It is a well settled law that charges of clandestine removal are required to be arrived ... labour employed, or any cogent evidence of clandestine manufacture of unaccounted quantity alleged as clandestinely removed. I find that unaccounted production in the factory
Delhi godown under DGS&D rate contract were manufactured and removed clandestinely from Bhiwadi factory; that consequently, the benefit of S.S.I. exemption ... rate contract were all goods manufactured in the factory and clandestinely removed to Delhi; that it has been the consistent view of the Tribunal that