9911796707
TMI Blog2017 (5) TMI 753X X X X Extracts X X X X X X X X Extracts X X X X ..... onics Ltd. vs. Commissioner of C.Ex.,Bangalore [2009 (11) TMI 797 - CESTAT BANGALORE] observed that entries in the Balance Sheet did not constitute adequate evidence for clandestine removal. It should be based on positive evidence - appeal dismissed - decided against Revenue. X X X X Extracts X X X X X X X X Extracts X X X X ..... l penalty on Shri R.S. Agarwal, Director of the Respondent Company. I find form the record that no appeal was filed by the Revenue against Shri R.S. Agarwal and therefore, such prayer cannot be accepted. 4. The Commissioner of Central Excise in the case of demand of duty on 1295.77 MT of finished goods, observed as under: "In the instant case, charges have been made in the show cause notice against the assessee that there is excess production and clearance of 1295.77 MT finished products in the audited Balance Sheet in comparison with that declared in the Statutory Central Excise Returns (ER-I) in 2002-03. Mr. A.K.Poddar, Accountant of the assessee's company, also confessed the fact of difference in 2002-03, so observed by the Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been framed in the Show Cause Notice as to the difference in the value as declared between the Balance Sheet and AR-1 Return of 2002-03 accepting the excess quantity of 1295.77 MT of finished goods. Hence, I do not find any merit in the appeal of the Revenue. The Tribunal in the case of NSP Electronics Ltd. vs. Commissioner of C.Ex., Bangalore[2010(262) E.L.T. 604 (Tri.-Bang.)] observed that entries in the Balance Sheet did not constitute adequate evidence for clandestine removal. It should be based on positive evidence. In the case of Industrial Filter & Fabrics Pvt. Ltd. Vs. Commr. Of C.Ex., Indore [2014(307)E.L.T. 131 (Tri.-Del.)] held as under :- "5. The entire case of the Revenue is based upon the audit objection, which is based o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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