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TMI Blog2015 (12) TMI 1265X X X X Extracts X X X X X X X X Extracts X X X X ..... by merely observing that the learned Advocate for the assessee had placed on record the number of decisions laying down that entries made in the private note book read with statement cannot be held to be evidence to conclude against the assessee, rejected the appeal of the revenue. The charges of clandestine activities are required to be adjudicated by appreciating the factual matrix and by giving sufficient and cogent reasons. A perusal of the order of the Tribunal more particularly para 7 thereof shows that no legally justified reasons have been recorded for rejecting the appeal of the revenue. The Tribunal being a final fact finding authority was required to deal with all aspects of facts and also law and then record its conclusions base ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abrics. On a specific intelligence that the assessee was indulging in clandestine removal of polyster knitted fabrics without payment of duty and without any statutory records, the preventive staff officers visited the factory premises of the appellant on 8.6.2000. During the course of search, an excess stock of 2270 kgs dyed polyster fabrics was found which was seized and a show cause notice was issued. The visiting staff also recovered some loose challans and a diary evidencing unaccounted transactions of dyed fabrics. Shri Varinder Kumar, partner of the appellant in his statement dated 8.6.2000 admitted that the said diary was being maintained by them and explained the entries thereof. He further admitted that the goods mentioned in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unsel for the revenue submitted that the Tribunal has wrongly rejected the appeal of the revenue without considering the arguments raised by the department and relevant provisions of law. It was further submitted that the Tribunal has wrongly observed that there was no evidence regarding the clandestine removal of the goods. 5. On the other hand, learned counsel for the assessee supported the order passed by the Tribunal and prayed for dismissal of the appeal. 6. A show cause notice dated 27.4.2005 (Annexure A-1) was issued to the assessee for recovery of ₹ 23,26,594/- along with interest and penalty for clandestinely removing dyed fabric. The Adjudicating Authority vide order dated 11.12.2006 (Annexure A-2) confirmed the said d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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