2009 (7) TMI 831 - HC - Central Excise

Demand - SCN issued on the presumption that the entries as recorded in the private note book maintained by the labour contractor should be taken as the clearance figures of finished products from the factory Held that - It is settled law that such presumption is not permissible - misplaced in the absence of any corroborating reliable and independent evidence - application for stay rejected.

Summary

The Calcutta High Court dismissed an appeal against the Customs, Excise and Service Tax Appellate Tribunal's decision, affirming the assessing officer's order. The appeal was rejected due to the lack of permissible evidence supporting the show cause notice. The application for stay was also rejected. No costs were ordered, and parties were instructed to act on a signed copy of the order.