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TMI Blog2015 (1) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... red to be established by tangible and corroborative evidence and mere confessional statement of employee is not sufficient. I also find that it is admitted fact that the respondent was not having Weigh Bridge in their factory premises. As such their contention that the raw materials/finished goods accounting was done only on eye estimation basis is to be accepted inasmuch as there was no record th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed the present appeal. 2. After hearing both sides, I find that the respondents are engaged in the manufacture of sponge iron. Their factory was visited by the Central Excise Officers on 12-5-2006 and various checks and verifications were conducted by the officers. The statement of respondent s authorised signatory was recorded who admitted such shortage. 3. On the above basis, the procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without payment of duty. The Commissioner (Appeals) accepted their stand by observing that there is no evidence produced on record by the Revenue indicating clandestine clearance of their final products. He took note of precedent decision of the Tribunal and observed that though confessional statement is no doubt a reliable piece of evidence but the same is required to be supported on tangible and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actory for weightment purposes. There is no weighment slip produced by the Revenue. No buyers stands identified by Revenue to suggest clandestine removal of their final products. Further as rightly observed by the Commissioner (Appeals) that there is no evidence of excessive consumption of electricity, flow back of funds, extra use of labour etc. As such, I find no infirmity in the order passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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