2016 (2) TMI 986

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..... en manufactured by the appellant or not? - Held that: - As duty is payable on manufacture of the goods, Revenue have not come up with any positive evidence to show that the appellant has manufactured excisable goods and cleared without payment of duty. In the absence of such evidence, duty cannot be demanded from the appellant. The same view was taken by this Tribunal in the case of COMMISSIONER O .....

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..... ccounted income of ₹ 1.70 crore before the Income Tax Authorities and the same was adjusted towards receivable from sundry debtors, on the basis of that surrendered of income, the show cause notice was issued to the appellant to demand duty on account of amount surrendered before the income tax authorities treating the same as the profit of the clearance of goods without payment of duty. The .....

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..... of Zoloto Industries reported in 2013 (294) E.L.T. 455 (Tri.-Del.), and submits that the impugned order is to be set aside. 4. On the other hand the ld. AR reiterated the finding of the impugned order. 5. Heard the parties and considered the submissions. 6. On perusal of the impugned order I find that the demand of duty has been confirmed against the appellant due to unaccounted income s .....

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