2007 (8) TMI 556

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..... Revenue is in appeal against the order of the Commissioner of Central Excise (Appeals) holding that the difference between the balance sheet figures and figures in statutory records i.e. RT.12 returns submitted to the department cannot lead to a conclusion of clandestine removal so as to lead to duty demand and imposition of penalty. 2. I have heard the ld. SDR and perused the records as non .....

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..... view of the explanation given by them which has not been found to be faulted. The ld. SDR's relies on the Tribunal's order in Kothari Shah Texturisers P. Ltd v. CCE, Surat [2006 (196) E.L.T. 116] to support the contention that clandestine removal has been established by the difference in figures in the balance sheet and the statutory records. However, I find that in that decision no explanation wa .....

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..... o prove clandestine removal of the goods; that no one from the market has come forward to accept the purchase of goods from the appellant and there was no evidence to prove excess receipt of inputs by the appellant company during the year 1998-99 and there was no detention or seizure of unaccounted goods from the assessee's factory. In the present case also there is discrepancy between the figures .....

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